IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 31334 of 2006(E) -------------------------- AGAINST THE ORDER DATED 25/04/2006 IN CMP.1778/2005 IN CC.133/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, RAMANKARI .................... PETITIONER: ACCUSED ---------------------- PARANIKUMAR (NOMINEE), SON OF P.RATHINAM, CHIEF CHEMIST, SAHAYAMATHA SALTERNS (PVT.) LTD., TUCICORIN, AS NOMINEE OF ACCUSED NO.3, SHAYAMATA SALTERS PVT. LTD., (MANUFACTURERS). BY ADV. SRI.K.L.NARASIMHAN SRI.N.KRISHNA PRASAD RESPONDENTS: COMPLAINANT/ACCUSED ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ERNAKULAM. 2. K.SEKHARAN, FOOD INSPECTOR, ALLEPPEY CIRCLE, PAZHAVEEDU P.O., ALAPPUZHA. 3. K.J.JOSEPH, S/O.KURUVILA JOSEPH, KARUTHEDAM, KUTTAR P.O. GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R1 & R2 SRI.G.PRIYADARSAN THAMPI FOR R.3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.31334/2006 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REPORT OF THE ANALYSIS OF IODIZED SALT BY THE GOVT. ANALYSIS LABORATORY. EXT.P2 TRUE COPY OF THE COMPLAINT FILD BY THE FOOD INSPECTOR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, RAMANKARY. EXT.P3 TRUE COPY OF THE REPORT F THE ANALYSIS OF IODISED SALT BY THE CENTRAL FOOD LABORATORY. EXT.P4 TRUE COPY OF THE SANCTION ISSUED BY THE L.H.O. TO LAUNCH PROSECUTION DTD. 17/11/2003. EXTP5 TRUE COPY OF THE ORDER OF JFCM, RAMANKARY IN CMP.NO1778/05 IN C.C.133/05 DTD. 25/4/06. EXT.P6 TRU COPY OF THE ORDER OF THE JFCM COURT, RAMANKARY, DTD.26/9/06. HARUN-UL-RASHID,J. --------------------------- W.P.(C)NO.31334 OF 2006 ---------------------------- DATED THIS THE 28TH DAY OF JANUARY, 2009 JUDGMENT Petitioner is one of the accused in C.C.No. 133/2005 on the file of the Judicial First Class Magistrate's Court, Ramankary. C.M.P.No.1778/2005 was filed by the 2nd and 3rd accused seeking an order to drop the proceedings in C.C.No.133/2005. 2. The prayer in this writ petition is to quash Exts.P5 and P6 orders. Ext.P5 is the order passed by the learned Judicial First Class Magistrate, Ramankary in CMP.No.1778/2005. The complainant-Food Inspector had initiated complaint against the accused persons for the offence charged under Section 2(1)(a), 7 (1) and 16(1)(a) of the Prevention of Food Adulteration Act alleging adulteration of iodized salt. Ext.P2 Complaint is supported by Ext.P1 report of the Public Analyst stating that the sample does not conform to the standards prescribed for iodized salt under the Prevention of Food Adulteration Rules and is -2- W.P.(C).No.31334/2006 therefore adulterated. At the request of the accused the 2nd sample was sent for analysis to the Central Food laboratory, Pune. In the 2nd report it is stated that there is no adulteration as alleged in the charge. At the same time, the 2nd report shows that there is violation of Rule 39 of the P.F.A. Rules, 1955. At the time of passing Ext.P5 order, charge has been framed against the accused persons on the basis of the first report and hence the proceedings cannot be quashed. Prime facie there are no materials for not proceeding against the accused persons. Therefore, the dismissal of the C.M.P. No.1778/2005 by Ext.P5 order is validly made. The grounds urged for setting aside the said order is not sustainable in law. 3. In the light of the report of the Central Food Laboratory, Pune stating that there is no adulteration of iodized salt, the learned counsel for the petitioner submitted that the prosecution initiated on the basis of the report is unsustainable. Therefore, the trial court shall consider the contention of the -3- W.P.(C).No.31334/2006 petitioner and take steps to dispose of the matter, as expeditiously as possible, at any rate, within a period of nine months from today. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -4- W.P.(C).No.31334/2006