IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 1981 of 2010(A) -------------------------------------- [CMP 1986/2009 IN CC.NO.58/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR] .................... PETITIONER/3RD ACCUSED: ----------------------------------------- M.T.JOSEPH, DEPUTY GENERAL MANAGER, MASS ENTERPRISES LTD., P.B.NO.1, VANDANMEDU P.O., IDUKKI. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOOD INSPECTOR, KUTHUPARAMBA CIRCLE, KUTHUPARAMBA, KANNUR. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1981 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 order passed by Judicial First Class Magistrate-II, Kannur in C.M.P.No.1986/2009, a petition filed by the third accused to sent the sample available at the Local Health Authority to the Central Food Laboratory for analysis. That petition was dismissed by the learned Magistrate finding that petitioner is the nominee of the fourth accused company and at the instance of the second accused, the second sample was called for and sent to the Central Food Laboratory and a report has already been received. 2. Section 13(2) of Prevention of Food Adulteration Act does not mandate that at the instance of each accused, sample is to be sent to the Central Food Laboratory. When one of the two CRMC 1981/10 2 samples available at the Local Health Authority had already sent to the Central Food Laboratory at the instance of the second accused and a report has already been received, there is no necessity to send the other sample also to the Central Food Laboratory as sought for. Annexure-A2 order is perfectly legal. Petition is dismissed. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv