IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1620 of 2010() ----------------------------------- AGAINST THE ORDER DATED 22/04/2010 IN MP.1128/2010 IN CC.2/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED ---------------------- 1. RATHEESH, S/O. RAVI, AGED 26 YEARS, VELLIYAMPURAM HOUSE, VALLAM, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. MANOJ T.G., THANDAPPILLIL, VADACODE P.O., KOCHI-21. BY ADV. SRI.SANTHOSH SUBRAMANIAN SRI.E.A.THANKAPPAN SRI.SHERRY J. THOMAS SRI.S.SREEKUMAR(NORTH PARAVUR) RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE FOOD INSPECTOR, ALUVA MUNICIPALITY, ALUVA P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1620 of 2010 -------------------------------------- Dated this the 26th day of May, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.2/2006 of the Judicial First Class Magistrate Court-II, Aluva, challenge Annexure 5 order dated 22.4.2010 passed by the Magistrate in C.M.P.No.1128/2010. The above prosecution is under the Prevention of Food Adulteration Act 1954. The food article involve is coconut oil. Report of the Public Analyst was superseded on the petitioner exercising his right under Section 13 (2). In order to prove that bio-chemical changes and variation in saponification value and other values after the lapse of 26 months could happen by natural process. The petitioners filed the above petition for examining of an expert, Prof.Nandakumaran, a retired professor in Department of Nutrition of Kerala Agricultural University under Section 311 Cr.P.C. The said application was dismissed by Annexure 5 order, impugned in this petition. In as much as the said application has not been disposed of on merits, Annexure 5 order will not stand in the way, if the petitioners file a separate application for the same relief and the same shall be Crl.M.C. No.1620 of 2010 : 2 : considered and disposed of on merits before proceeding to next stage of the case. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE dmb Crl.M.C. No.1620 of 2010 : 3 :