Crl.O.P.(MD)No.6326 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 04.01.2022

PRONOUNCED ON : 24.01.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.O.P.(MD)No.6326 of 2018

and

Crl.M.P.(MD)Nos.3004 and 3005 of 2018

1.R.N.A.Pawankumar Agarwal

2.R.N.A.Pramodhkumar Agarwal

3.R.N.A.Manojkumar Agarwal

4. M/s Manoj Enterprises,

represented by the petitioners 1 to 3,

271-E, Rangai Gowder Street,

Coimbatore-641 001.

: Petitioners/Accused 6 to 9

Vs.

The Food Safety Officer,

Ambasamudiram Circle,

Government Hospital Road,

Ambasamudiram-627 401.

: Respondent / Complainant

PRAYER : Criminal Original Petition has been filed under Section 482

Cr.P.C, to call for the records in C.C.No.379 of 2017 and quash

all further proceedings of the said case as against the petitioners

pending on the file of the Judicial Magistrate, Ambasamudram,

Tirunelveli District.

For Petitioners

:

Mr.V.Gopinath

Senior Counsel

for Mr.L.Mahendran

For Respondent

:

Mr.R.Sivakumar

Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed, invoking

Section 482 Cr.P.C., seeking orders to call for the records in

C.C.No.379 of 2017 pending on the file of the Court of the Judicial

Magistrate, Ambasamudram, Tirunelveli District and quash the same.

2. The petitioners are the accused 6 to 9 in C.C.No.379 of

2017, on the file of the Court of the Judicial Magistrate,

Ambasamudram. The respondent has lodged a private complaint against

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https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.6326 of 2018

9 persons including the petitioners arraying the petitioners as

accused Nos.6 to 9 alleging that on 13.10.2014 at about 11.00a.m.,

the respondent went to the tea shop of the first accused, who was

selling tea and found sealed packets in 500grams in the shop, that

when the first accused was questioned, he informed that he had

purchased the same from the second accused, that the complainant

purchased one sealed tea packet containing 500gram and thereafter he

took samples from that following the procedures and sent one

portion of the sample to the Court and the other portion to the Food

Analyst, that the Food Analyst has given his report dated

28.10.2014, stating that the said sample is unsafe under Section 3

(1)(zz) of the Food Safety and Standards Act 2006, since it

contains added colouring matter the addition of which is prohibited

under Regulation 3.1.2(1) of the Food Safety and Standards (Food

Products Standards and Food Additives) Regulation 2011, that when

the second accused was enquired, he informed that he purchased the

tea from the accused Nos.3 to 5 – Maragadam Tea Company, that on

enquiry from Maragadam Tea Company, the complainant came to know

that the tea packets were supplied by the fourth petitioner/9^th

accused M/s Manoj Enterprises, that the complainant has sent a

letter dated 07.11.2014 to A.9 and sought particulars about M/s

Manoj Enterprises for which the petitioner sent a reply dated

11.11.2014 stating that they are dealing only in garden fresh tea as

whole sale only and they are not selling any loose packets or

without label to any unregistered dealers and the said Nataraja Tea

Stall has never purchased tea from them and that after getting

permission from the Commissioner of Food Safety, the complaint was

lodged and the case was taken on file in C.C.No.379 of 2017, on the

file of the Court of the Judicial Magistrate, Ambasamudram for the

alleged offences under Sections 52, 59(i) r/w 26(i), 26(2)(i)(ii)

(v), 27(1), 27(2)(c)(f), 27(3)(c)(e) of the Food Safety and

Standards Act 2006.

3. Heard the learned Counsel for the petitioners and the

learned Government Advocate (Crl.Side) appearing for the respondent

and perused the materials placed on record.

4. Admittedly, the fourth petitioner/9^th

accused is a

partnership firm a