← Library
Madras High CourtCRL OP(MD)/2873/2021partly allowed

K.Kanniyappan v. The Food Safety Officer

2022-01-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.M.P.(MD)Nos.1535 and 1536 of 2021

1. K.Kanniyappan, S/o.V.K.Kanniyappan, Business Manager, Chakra Drugs (P) Ltd., No.160, 161, Tamilnadu Food Articles Commercial Complex, Alanganallur Road, Chikkandar Savadi, Madurai - 18.

2. S.L.Sethu Madhava S/o.Lakshmanan, Director, Chakra Drugs (P) Ltd., No.160, 161, Tamilnadu Food Articles Commercial Complex, Alanganallur Road, Chikkandar Savadi, Madurai - 18.

3. S.Vasumathi, W/o.S.L.Sethu Madhava, Director, Chakra Drugs (P) Ltd., No.160, 161, Tamilnadu Food Articles Commercial Complex, Alanganallur Road, Chikkandar Savadi, Madurai - 18.

4. Chakra Drugs (P) Ltd., No.160, 161, Tamilnadu Food Articles Commercial Complex, Alanganallur Road, Chikkandar Savadi, Madurai - 18.

... Petitioners / Accused Nos.1 to 4 Vs.

The Food Safety Officer, Madurai Corporation (Code No.579), O/o.The Designated Officer, Food Safety and Drug Administration Department (Food Wing), Viswanathapuram, Madurai - 625 014.

... Respondent / Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and to quash the proceedings in S.T.C.No.222 of 2020 on the file of the Judicial Magistrate Court, Vadipatti, Madurai.

1/3

For Petitioners : Mr.M.Rajaraman For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. This criminal original petition has been filed to quash the proceedings in S.T.C.No.222 of 2020 on the file of the Judicial Magistrate Court, Vadipatti, Madurai.

3. The prosecution is for the offences under Sections 51, 59(i) and 63 of the Food Safety and Standards Act.

4. The learned counsel appearing for the petitioners pointed out that the sample taken by the respondent was only " Turmeric Dust Powder " and therefore it cannot be even construed as food. It is a waste product. I went through the contents of Form V A. It is mentioned in the said Form that the sample taken was Turmeric Dust Powder. Since it has not been defined as food, the petitioners cannot be prosecuted for the offence under Sections 51 and 59(i) of the Food Safety and Standards Act. However, the petitioners have not produced any copy of the license to show that the place from where the sample was taken is a licensed place. No such license has been enclosed. Therefore, the fact that the first petitioner Kanniyappan is the nominee responsible for compliances will not come to the rescue of the Directors.

Only if there has been valid nomination in respect of the premises from where the sample was taken, then alone, the Directors can plead that they cannot be prosecuted. In this case, the petitioners have not been able to show any license for the premises in question. Therefore, I decline to quash the impugned proceedings in so far as Section 63 of the Food Safety and Standards Act is concerned. The impugned proceedings are quashed in so far as Sections 51 and 59(i) of the Act.

5. This criminal original petition is partly allowed. I make it clear that the petitioners will have to face the prosecution for the offence under Section 63 of the Act. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judicial Magistrate, Vadipatti, Madurai.

2. The Food Safety Officer, Madurai Corporation (Code No.579), O/o.The Designated Officer, Food Safety and Drug Administration Department (Food Wing), Viswanathapuram, Madurai - 625 014.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.2873 of 2021 12.01.2022 RK(09/02/2022) 3P 4C 3/3