IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 1755 of 2011() -------------------------------------- CC.448/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): 4TH ACCUSED --------------------------------------------- BASKER TRADERS, K.K.ROAD, KUMILY P.O. IDUKKI DISTRICT, REPRESENTED BY K.BASKAR. BY ADV. SRI.N.A.MURALEEDHARAN RESPONDENT(S): COMPLAINANT/ACCUSED NOS. 1 TO 3 & STATE ------------------------------------------------------------------------------------------------ 1. FOOD INSPECTOR, CHALAKUDY, PIN680 317. 2. T.J.POULOSE, MANAGING DIRECTOR, KUTTIKKAD FARMERS SERVICE CO-OPERATIVE BANK LTD., NO.572, KUTTIKKAD. PIN 680 721. 3. M/S.KUTTIKKAD FARMERS SERVICE CO-OPERATIVE BANK LTD., NO.572, KUTTIKKAD. REPRESENTED BY IT'S MANAGING DIRECTOR, T.J.POULOSE.PIN 680 721. 4. KEE CEE TRADERS, CHALAKUDY, REPRESENTED BY K.O.ITOOP.680 317. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. R2 – R3 BY ADVS. SRI.SANTHOSH SUBRAMANIAN, SRI.E.A.THANKAPPAN, SRI.SHERRY J. THOMAS, SRI.S.SREEKUMAR(NORTH PARAVUR). THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1755/2011 APPENDIX PETITIONER'S ANNEXURES A1:- CERTIFIED COPY OF THE PETITION FILED BY THE 3RD ACCUSED IN CMP. 6714/2009 IN CC. 448/2005. A2:- CERTIFIED COPY OF THE ORDER DTD. 22.7.2009 IN CMP. 6714/2009 IN CC. 448/2005. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1755 of 2011 - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011. O R D E R Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for respondent Nos. 2 and 3. Respondent No.4 has not entered appearance. 2. The petitioner is the 4th accused in C.C. No. 448 of 2005 on the file of the Judicial First Class Magistrate, Chalakudy for offences punishable under Sections 2(i)(j), 7(i)(v) r/w Section 16 (1A) of the P.F.A Act, 1954 and Rule 29 of the P.F.A Rules, 1955. The learned counsel for the petitioner, Adv. Shri. N.A. Muraleedharan submits that the case is covered by the decision reported in 2010 (2) KLT 206 – Ayakali Nadar Sons v. Sivasankara Pillai in which it is held that power under Section 20A of the Prevention of Food Adulteration Act cannot be invoked before the stage of adducing evidence in the trial. In view of the authoritative pronouncement of this Court in the aforementioned case, Annexure 2 order impleading the petitioner as accused No.4 is quashed. But this will not preclude the prosecution or the accused persons to file appropriate Crl.M.C. No. 1755/2011 -:2:- application to implead the petitioner as an accused if the learned Magistrate is satisfied that the petitioner are also concerned with the offence. This Crl.M.C. is allowed as above. sd/- B.P. RAY, JUDGE. rv