IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.MC.No. 3752 of 2011() ------------------------------------- CC.287/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, VADAKARA (OLD CASE NO.C.C.94 OF 2003.) .................... PETITIONERS/ACCUSED NO.1 -------------------------------------------- K.P. JAYACHANDRAN, S/O.RAIRU NAMBIAR, AP, VIII/381 B, A.R.VEGETABLES, AYANCHERI. BY ADV. SRI.P.M.HABEEB RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTING FOOD INSPECTOR, VADAKADA CIRCLE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3752 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A- CERTIFIED COPY OF THE COMPLAINT FILED BY THE FOOD INSPECTOR BEFORE THE JFCM, VADAKARA DT.29.1.2003. ANNEXURE A1- PHOTOCOPY OF THE ORDER DATED 31.5.2005 IN CC. 94 OF 2003 OF JFCM VADAKARA. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3752 of 2011 ----------------------------------- Dated this the 1st day of December 2011 O R D E R Petitioner was the first accused in C.C.No.94/2003. The 2nd accused therein was the Proprietor of the shop where from the food article (pickle) was purchased by the Food Inspector after serving Form VI – notice complying the formalities and issuing receipts for the same. A3 was the Manufacturer. He died pending the case. A2 the Shop Owner/licensee was acquitted after full fledged trial giving benefit under Sec.19 (2) of the PFA Act because the pickle purchased by the Food Inspector was having the label declaration and bills for purchasing the same from A3, the Manufacturer. A1, the petitioner herein is only a salesman working under A2. He was absent at that time and so the case against him was split up and refiled as C.C.No.287/2005 which is pending before J.F.C.M., Vadakara. Since he was absconding the case was transferred to long pending register and it is now pending as L.P.No.43/2008. Crl.M.C. No.3752 of 2011 -: 2 :- 2. Learned counsel for the petitioner submits that since the 2nd accused, the licensee of the shop was acquitted by the learned Magistrate giving benefit under Sec.19(2) of the Act for the reasons already mentioned above, no successful prosecution can lie against the petitioner who was only a salesman, in view of the fact that the food article was purchased from the Manufacturer having the required label declaration and was covered by the purchase bill. In view of the fact that the verdict of acquittal against A2 was not challenged by the prosecution, that benefit is certainly available to the petitioner also. As such further proceedings against the petitioner would be only an exercise in futility. As such this Crl.M.C. is allowed. Further proceeding as against this petitioner in L.P.No.43/2008 (C.C.No.287/2005) on the file of J.F.C.M., Vadakara will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt