IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.Rev.Pet.No. 1276 of 2009() ------------------------------ C.C. NO. 429/2004 of JUDICIAL FIRST CLASS MAGISTRATE-I, CHANGANACHERRY REVN. PETITIONERS/ACCUSED:- ------------------------------------- 1. M/S CADBURY INDIA LIMITED 19. BHULABHAI DESAI ROAD, MUMBAI 400 026 REPRESENTED BY SHIVANAND SANADI, CONSITUTUED ATTORNEY. 2. MR.V.RAMNATH BRANCH MANAGER & NOMINEE CADBURY INDIA LIMITED. 146, ROYA PETTAH HIGH ROAD MYLAPORE, CHENNAI. BY ADV. MR. V.B.UNNIRAJ MS. A.S.BEENU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. D.WILSON, FOOD INSPECTOR CHANGANASSERY MUNCIPALITY. 3. THOMAS JOSEPH C, MARATTUKALAM CHANGANASSERY, OWNER & LICENSEE OF PRIYA ENTERPRIESES, CHANGANASSERY. ADV. MR. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1276 of 2009 ========================== Dated this the 8th day of April, 2009. ORDER The petitioners who are accused Nos. 5 and 4 respectively in C.C. No. 429 of 2004 on the file of the Judicial First Class Magistrate-I, Changanacherry alleging offences punishable under Sections 7(i) and 16(i)(ai) of the Prevention of Food Adulteration Act, 1954 for the contravention of Section 2(ia) and (f), challenge the order dated 15.11.2007 passed by the Magistrate framing charge against all the five accused persons for the aforementioned offences. The article of food in question is chocolate. 2. As rightly observed by the trial court, it is too eraly to consider the defences raised by the petitioners at this stage. It is open to the petitioners to raise those defences during the trial of the case. Since the learned Magistrate has found a prima facie case for framing charge, the only alternative available to the petitioners is to face trial. However, if the petitioners file an application for personal exemption and if a question of identity CRL.R.P. NO. 1276/2009 : 2 : does not arise for consideration, the learned Magistrate shall grant personal exemption to the petitioners provided a proper application in that behalf is filed before the court. With this liberty, this petition is dismissed. Dated this the 8th day of April, 2009. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 1276/2009 : 3 :