IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No. 1279 of 2009(B) ------------------------- CRL.M.P.668/2009 IN C.C.171/03 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): /6TH ACCUSED ------------------------------------- PARRY AND COMPANY LTD.,GENERAL MARKETING DIVISION,INDIRA GANDHI ROAD,WILLINGTON ISLAND, REP.BY ITS SENIOR MANAGER (SALES),M.C.JAYAKRISHNAN S/O.LATE MUKUNDAN,AGED 57 YEARS,SREEJAYAM, ELAMAKKARA,ERNAKULAM DISTRICT. BY ADV. SRI.K.P.RAJEEVAN P.V.KUNCHERIA RESPONDENT(S): /COMPLAINANT & STATE ---------------------------------------------- 1. THE FOOD INSPECTOR, ALUVA MUNICIPALITY,ALUVA. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1279 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2009. O R D E R This is an application filed with a prayer to set aside the order passed in CMP 668/09 in C.C.171/03. As per the said order M/s Parry and Company is impleaded as the 6th accused. I had perused the order which is produced as Annexure-1. Under Section 20A of the Prevention of Food Adulteration Act power is granted to the Court to implead the manufacturer, if the Court is satisfied on the evidence adduced before it, it is necessary to do so. That is why the Court held that u/s 20A powers cannot be exercised before the commencement of trial because it is only on the basis of evidence produced that the Magistrate can act under the Section. Unfortunately the learned Magistrate has not applied his mind to the evidence available in the case for the purpose of impleading. It is a statutory mandate. Therefore Crl.M.C. 1279 OF 2009 -:2:- the order under challenge is set aside and a direction is given to the learned Magistrate to consider CMP 668/09 afresh and pass appropriate orders. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-