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Madras High CourtCRL OP(MD)/12253/2022allowed

M/S.Subha Traders v. The Food Safety Officer

2022-07-27Honourable Mr Justice V.Sivagnanam8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12253 of 2022 and Crl.M.P(MD) Nos.7750 & 7751 of 2022

1. M/s.Subha Traders 10, Manmathan Street, Thirumangalam, Madurai District.

2. S.Pandiarajan ... Petitioners/Accused No.2 and 3 Vs The Food Safety Officer, Code No.109 & 120, Chellampatti & Vadipatti Taluk, The Designated Officer's Office, Multipurpose Health Supervisors (F) Training School, Viswanathapuram, Madurai - 625 014.

.... Respondent /Complainant 1/8

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for records to quash the proceedings in S.T.C.No.667 of 2021 on the file of the Judicial Magistrate, Vadipatti in so far as the petitioners.

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

O R D E R

This Criminal Original Petition has been filed to quash the criminal proceedings in S.T.C.No.667 of 2021, on the file of the Judicial Magistrate, Vadipatti.

2. The learned counsel for the petitioners submitted that the complainant Designated Officer along with the Food Safety Officers came to the shop of the first accused viz., Natarajan's Grocery Shop, on 25.08.2020, at about 3.45 p.m., and took food samples in Groundnut Oil (Madhura) (Prepacked) and forwarded it to the Food Analyst. He further 2/8

submitted that the first accused had stated that he is the retailer and seems to have taken 4 samples weighing 500 ml containing 2 liters from the said shop and sealed the same by following the procedure as contemplated under the Food Safety and Standards Act, 2006, and had sent the same to the Food Analyst on 26.08.2020. The Food Analyst had sent a report on 19.10.2020 stating that the sample was substandard. The Designated Officer had sent the report of the Food Analyst along with his notice, dated 28.10.2020. The petitioners filed an appeal before the Designated Officer under Section 46(4) of the Food Safety and Standards Act in Form VII.

On receiving the appeal, the Designated Officer, if he so decides within thirty days from the receipt of such appeal after considering the material placed before him and after giving an opportunity to Food Business Operator to be heard, shall forward one part of the sample to the referral lab. Such appeal shall be in Form III which shall be filed within 30 days from the date of the receipt of the copy of the analysis report from the Designated Officer. Report of the referral laboratory shall be final in this regard.

Safety and Standards Act as per Rules 2.4.6. Hence, on this ground alone, this Criminal original Petition is filed to quash the proceedings as against the petitioners.

3. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners ought to have filed an appeal to the Designated Officer in Form -VIII instead of Form - VII and hence, he objected to quash the proceedings.

4. I have considered the matter in the light of the submissions made by the learned counsel appearing on either side.

5. On a perusal of the records, it reveals that the petitioners are the accused Nos.2 and 3 in S.T.C.No.667 of 2021, on the file of the Judicial Magistrate, Vadipatti. The first accused is one Natarajan, who is running Grocery Shop. The second accused is the edible oil wholesale dealer and the third accused is the edible oil manufacturer. On 25.08.2020, at about 03.45 p.m., food samples in Groundnut Oil (Madhura) (Prepacked) have been 4/8

taken and forwarded it to the Food Analyst. The Food Analyst had sent a report on 19.10.2020 stating that the sample was substandard. Thereafter, the Designated Officer had sent the report of the Food Analyst along with his notice, dated 28.10.2020. After receiving the report, the petitioners filed an appeal before the Designated Officer under Rule 2.4.6(1) and Section 46(4) of the Food Safety and Standards Act.

6. On perusal of the records, it is seen that the appeal memorandum has been filed by the petitioners on 23.11.2020. The petitioners also filed an acknowledgement dated 24.11.2020. On perusal of the acknowledgement, it is seen that the Designated Officer received an appeal memorandum on 24.11.2020. Admittedly, the Food Analyst report and notice has been sent to the petitioners on 28.10.2020. As per Rule 2.4.6(1) and Section 46(4) of the Food Safety and Standards Act, the appeal has to be filed before within 30 days. Now, in the present case, on receiving notice dated 28.10.2020, the appeal has been filed before the Designated Officer on 23.11.2020, which was acknowledged by the petitioner on 24.11.2020. But the Designated Officer had not decided the appeal within the time limit. Therefore, it is 5/8

clear violation of the provision. The prosecution is unsustainable. Hence, the Criminal Proceedings in S.T.C.No.667 of 2021, on the file of the Judicial Magistrate, Vadipatti, is liable to be quashed.

7. Accordingly, the Criminal Proceedings in S.T.C.No.667 of 2021, on the file of the Judicial Magistrate, Vadipatti, is hereby quashed. This Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.

27.07.2022 Internet:Yes./No Index:Yes/no ebsi 6/8

To

1. The Judicial Magistrate, Vadipatti.

2. The Food Safety Officer, Code No.109 & 120, Chellampatti & Vadipatti Taluk, The Designated Officer's Office, Multipurpose Health Supervisors (F) Training School, Viswanathapuram, Madurai - 625 014.

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

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.12253 of 2022 27.07.2022 8/8