ORDER

This petition is filed to quash the proceedings in S.T.C. No. 7624 of

2021, on the file of the learned Judicial Magistrate No.VI, Madurai.

2.The learned counsel appearing for the petitioner submitted that on

07.07.2022, the complainant seized the Amudham Brand Lighting Oil weighing 370 Kilo Litre and Amudham Oil weighing 110Kilo Litre from the petitioner's shop and sent the same to the Food Analyst on 08.07.2020. The Food Analyst sent a report on 10.09.2020 stating that the sample is misleading, misbranded, sub standard, unsafe, prohibited and restricted on sales. Then, the Designated Officer sent the said report along with his letter dated 18.09.2020, i.e., after the expiry of the said product, to the Commissioner of Food Safety. Therefore, the petitioner's right to appeal is barred. After getting sanction from the Commissioner of Food Safety, the complainant filed a complaint against the petitioner for the offences under Sections 51, 52(1), 53(1)(a), 59(i) and 63 of Food Safety and Standards Act, 2006. He further submitted that the lighting oil will not come under definition of food, as per Section 3(J) explanation of Food Safety and Standards Act, 2006. Therefore, the prosecu