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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
S. Kartheesan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. summary of procedural background and factual initiation of the case. (Para 1 , 2 , 3 , 4) |
| 2. summary of rival contentions regarding limitation and procedure. (Para 5 , 7 , 8) |
| 3. court rules that statutory limitation bars are mandatory and procedural compliance is essential to maintain the integrity of prosecution. (Para 9 , 10 , 11 , 13 , 14 , 16 , 17 , 18) |
ORDER
This Criminal Original Petition has been filed seeking to quash the private complaint in S.T.C.No.1745 of 2023 pending on the file of the learned Judicial Magistrate, Palani. The petitioner is arrayed as one of the accused, being the manufacturer of the packaged drinking water alleged to be substandard and unsafe under the provisions of the Food Safety and Standards Act, 2006.
Case of the prosecution:
2. The case of the prosecution, as could be discerned from the complaint, is that on 20.10.2022, the Food Safety Officer conducted an inspection at Platform No.1, Palani Railway Station, and purchased 16 bottles of packaged drinking water branded as “VVM Aqua” from a salesperson for analysis.
3. The samples were drawn and divided in accordance with the statutory procedure and forwarded for analysis. The Food Anal
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