ORDER

This criminal original petition has been filed to quash the criminal proceedings in STC.No.164 of 2021 which is pending on the file of the learned Judicial Magistrate-II, Tambaram taken cognizance for the offence under Section 59(1) of Food Safety and Standards Authority of India Act, 2006(hereinafter called as FSSAI).

2. The respondent filed private complaint as against the petitioners alleging that the respondent conducted inspection in the premises of the accused and found that the petitioners were selling 'chicken tikka'. On suspicion, the respondent had taken samples for test. Accordingly, the Form V A was issued to the petitioners and purchased 1 kg of chicken tikka for a sum of Rs.588/- for sampling. It was divided into four equal parts and duly packed as contemplated under Rule 2.4.1 Food Safety and Standards Rules, 2011 (hereinafter called as 'FSS Rules'). One sample was sent to Food Analyst and the remaining samples were sent to Designated Officer. After analysis, the Food Analyst, Salem sent report dated 20.11.2019 to the designated officer and it revealed that the sample declared as unsafe under Section 3 (1) (zz)(v) of FSS Act, 2006 (hereinafter called as 'Act'). I