ORDER

There is no representation for the petitioner.

2. This Criminal Original Petition is filed to quash the S.T.C.No.152 of 2017 on the file of the learned Judicial Magistrate No.I, Vellore, for the offence under Sections 190(1)A and 59(1) of Food Safety and Standards Act, 2006.

3. According to the complaint filed by the Food Safety Officer on 04.08.2015 at about 4.00 p.m., to inspect Sri Bagavathi Water Plant and found that the “Honey Drops Packaged Drinking Water” meant for sale for the public is not safe for human consumption. Hence sample was drawn in the presence of the witnesses and sent for laboratory. The report received from the Forensic lab indicates that the sample drawn from the water meant for public sale, contained Coliform and Aerobic Microbial count of 148cfu/ml exceeding the maximum limit 20cfu/ml.

Hence the prosecution.

4. The petitioner contending that the limitation to file a complaint under the Food Safety and Standards Act is one year. Whereas, the inspection was conducted on 14.08.2015 report from the lab received on 21.08.2015 whereas the private complaint was laid only on 17.04.2017 after two years. Therefore, the cognizance taken by the Magistrate is bad in l