Dr.S.A.Syed Hafeezullah v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.26274 of 2024 and Crl.M.P.No.14590 and 14591 of 2024 Dr.S.A.Syed Hafeezullah S/o.Syed Sathar Proprietor, Supreme Labs (Marketer) No.175/72, J.J.Khan Road Royapettah, Chennai - 600 023 ... Petitioner Vs.

State rep. by its Food Safety Officer Area Code No.335 Kolathur Area, Chennai District No.33, West Jones Road Saidapet, Chennai - 600 013 ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records relating to charge sheet and complaint in C.C.No.1470 of 2024 on the file of the learned X th Metropolitan Magistrate, Egmore, Chennai and quash the same as against this petitioner.

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For Petitioner : Ms.R.Revathy For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the charge sheet and complaint against the petitioner in C.C.No.1470 of 2024 on the file of the learned X

2. The case of the petitioner is that the petitioner is a practicing Doctor and he is also the Proprietor of an entity namely M/s.Supreme Labs which is marketing food supplements by name Supreme Labs Neutraceuticals-Health E Food Products. While so, the respondent has filed a complaint against the petitioner for the offence under Sections 51, 52(1), 53 and 59(i) of the Food Safety and Standard Act 2006 (hereinafter referred to as "the Act"), alleging that the samples taken from the petitioners premises did not meet the requirements of the Act and the same has been taken on file in C.C.No.1470 of 2/6

2024 on the file of the learned X Hence, the petitioner has filed the present petition to quash the same.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Further, there is a delay in testing the samples and also delay in intimation. Further, there is enormous delay in getting report which all suspicious and even the trial Court has removed the possibility of convicting the petitioner. Therefore, the complaint against the petitioner has to be quashed.

4. A perusal of the complaint shows that there are prima facie allegations against the petitioner. The petitioner is arrayed as A3 and that there is a specific allegations against the petitioner. The defence taken by the petitioner are all matter for trial which cannot be decided by this Court by invoking Section 482 Cr.P.C./528 B.N.S.S.

5. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 3/6

6. However, the learned X is directed to dispose of the case in C.C.No.1470 of 2024 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

13.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Xth Metropolitan Magistrate, Egmore, Chennai.

2.The Food Safety Officer Area Code No.335 Kolathur Area, Chennai District No.33, West Jones Road Saidapet, Chennai - 600 013

3. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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