IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 1009 of 2010() ----------------------------------- CC.495/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- JOHNY THOMAS VADAKKEL, AGED 44 YEARS, S/O.THOMAS, "KALAVARA FOOD PRODUCTS",DOOR NO. PVP,XIII-459, VAYAKKARA, PO PADIYATTUCHAL, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE FOOD INSPECTOR, THALIPARAMBA CIRCLE, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1009/2010 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR. AII:- COPY OF THE PARTNERSHIP DEED EXECUTED BETWEEN THE PETITIONER AND THE OTHER PARTNER SRI.BENNY THOMAS DT. 7.4.2008. AIII:- COPY OF THE RECEIPT DTD. 24.2.2009 ISSUED BY THE IST ACCUSED. AIV:- COPY OF THE SCENE MAHAZAR DTD. 24.2.2009 PREPARED BY THE 2ND RESPONDENT. AV:- COPY OF THE LETTER NO.106/2009 DTD. 22.7.2009 ISSUED BY THE DISTRICT FOOD INSPECTOR (LOCAL HEALTH AUTHORITY, KANNUR REVENUE DISTRICT.) AVI:- COPY OF THE FORM III REPORT NO.154 OF THE PUBLIC ANALYSTIC OF REGIONAL ANALYTICAL LABORATORY WHICH WAS ATTACHED VIDE DTD. 1.4.2009. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1009 OF 2010 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the 2nd accused in C.C No.495/2009 on the file of Judicial First Class Magistrate, Payyannur for offences punishable under Section 16 (1) a (1) read with Section 2 (ia) (m) and Section 7 (i) of the Prevention of Food Adulteration Act, 1954 and item No.A 05, 08 of Appendix B of the Prevention of Food Adulteration Rules, 1955. 3. I am not inclined to quash Annexure-A1 complaint at this stage. It is open to the petitioner to plead discharge. Learned counsel for the petitioner states that the petitioner is ready and willing to surrender before the trial court. If the petitioner surrenders on or before 07-09-2011 and applies for bail, the learned Magistrate may release him on bail on such terms and conditions which he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge