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2022 Supreme(Online)(MAD) 18890

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
M/S.MHS PHARMACEUTICALS PVT – Appellant
Versus
STATE REP BY – Respondent


ORDER

This criminal original petition has been filed to quash the proceedings in STC.No.279 of 2020 on the file of the learned Judicial Magistrate-IV, Thiruchengode, thereby taken cognizance for the offences under Sections 59(i) and 51 of The Food Safety and Standards Act, 2006, as against the petitioners.

2. The case of the prosecution is that on 22.04.2019 at around 11 a.m., on a routine inspection conducted by the respondent in the retail outlet of M/s.MedPlus Pharmacy, Thiruchengode branch, on suspicion, the food produce named Eat Rite Palm Jaggery would be violating The Food Safety and Standards Act, 2006, it was decided by the respondent to take a food sample of the same and Form V A was prepared. The sample was sent for analysis to The Food Analyst, Food Analysis Laboratory, King Institute Campus, Guindy, Chennai. On 13.09.2019, a report was obtained with the opinion Unsafe and substandard. Hence, it is alleged that the accused had sold the food product which is unfit for consumption, thereby the violations as defined under Section 3(1)(zz)(v) & (Xi) and 23(1), 26(1)(2)(i)(ii)& (V) were committed and therefore, the accused were said to have committed offence punishable under

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