IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Crl.MC.No. 1809 of 2011() ------------------------- CC.444/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, MAVELIKKARA ................................ PETITIONER(S): ACCUSED 7 & 8: ------------------------------------------------- 1. A.CHOWDHURI, FORMER CHAIRMAN & MANAGING DIRECTOR, J.THOMAS & COMPANY PVT. LTD., NILHAT HOUSE,11, R.N.MUKHERJEE ROAD, KOLKATTA-700 001. 2. A. BATRA, MANAGING DIRECTOR, J.THOMAS & COMPANY PVT. LTD., NILHAT HOUSE, 11, R.N.MUKHERJEE ROAD, KOLKATTA-700 001. BY ADVS. SRI.SAJI VARGHESE, SMT.MARIAM MATHAI. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. THE FOOD INSPECTOR, MAVELIKKARA CIRCLE, MAVELIKKARA - 690 101. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. R1 & R2 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1809/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL MAGISTRATE COURT I,MAVELIKKARA. ANNEX.2: COPY OF THE CERTIFICATE OF RENEWAL OF LICENSE GRANTED ON 27/01/2010 TILL 31/03/2011 TO MR.VIJAY SANKAR BY THE LICENSING AUTHORITY UNDER THE ACT. ANNEX.3: COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE J.THOMAS & COMPANY. ANNEX.4: COPY OF THE FORM 32 FILED BY J.THOMAS & COMPANY PVT.LTD. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1809 of 2011 - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners are accused Nos. 7 and 8 in C.C. No. 444 of 2010 on the file of the Judicial First Class Magistrate-I, Mavelikkara for an offence punishable under Section 16(1)(a)(ii) r/w Sections 2(ia) (b) and 7(i) of the Act and Rule 5 Appendix B Item No.A 14 of the Prevention of Food Adulteration Rules, 1955. I am not inclined to quash the charge and order taking cognizance at this stage. It is open to the petitioners to plead for a discharge on the ground stated therein. If such an application is filed within one month from today, the learned Magistrate shall pass reasoned orders thereon. The learned counsel for the petitioners states that the petitioners are business people, that they are resident of Calcutta and that it may not be possible for them to appear before the trial court on each day for trial. If the petitioners file an application under Section 205 Cr.P.C before the trial court highlighting the grievances, the learned Magistrate shall allow the same on such terms and conditions he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv