IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1582 of 2010() ------------------------- CRL.M.P.NO.2704/2009 IN C.C.NO.1105/2003 OF JFCM-II, ERNAKULAM PETITIONER(S): ----------------------- GEORGE THOMAS, S/O.THOMAS AGED 45 YEARS, D/NO.48/59B,ROYAL FOODS PERANDOOR ROAD, ELAMAKKARA, KOCHI. BY ADV. SRI.SANTHOSH SUBRAMANIAN RESPONDENT(S): -------------------------- 1. THE FOOD INSPECTOR OF CORPORATION OF COCHIN, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1582 of 2010 = = = = = = = = = = = = = = Dated this the 1 st day of June, 2010 ORDER Petitioner who is the accused in C.C.No.1105 of 2003 on the file of J.F.C.M -II, Ernakulam in a prosecution under the provisions of the Prevention of Food Adulteration Act, 1954 read with P.F.A.Rulest, 1955 in respect of “ice cream”, challenges Annexure VII order dated 26.03.2010, as per which the learned Magistrate dismissed his application to examine a retired Professor and Head of Department, Dairy Service of the Kerala Agricultural University, Mannuthy to disapprove the Certificate of the Central Food Laboratory. 2. Heard both sides. 3. As rightly observed by the learned Magistrate, without summoning the expert who analysed the sample in question and issued Ext.P12 Certificate of Central Food Laboratory, which has superceded the report of the Public Crl. M.C. No.1582 of 2010 2 Analyst, it was not permissible for the petitioner to compare the two reports, so as to prove that the Certificate of Central Food Laboratory is inaccurate on the face of it. I am not inclined to interfere with Annexure 7 order. This Crl.M.C is accordingly dismissed. Dated this the 1st day of June, 2010. V. RAMKUMAR, JUDGE sj