IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.MC.No. 689 of 2006 ------------------------ CC.1090/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONERS: --------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, GANDHI NAGAR, KLCHI 20. 2. THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., GANDHI NAGAR, KOCHI 20. 3. AMAR JYOTHI.S. MAVELI STORE, VANCHIYOOR. 4. AHAMAD PILLAI, ASISTANT SALESMAN, MAVELI STORES, VANCHIYOOR. BY ADV. SRI.JOY GEORGE SRI.LAKSHMI NARAYAN, SC, SUPPLYCO RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOOD INSPECTOR, ATTINGAL CIRCLE, THIRUVANANTHAPURAM. 3. PUTHALAM CHEMICALS (P) LTD., PUTHALA M, NAGAR COIL, KANYAKUMARI DISTRICT. R1 & 2 BY PUBLIC PROSECUTOR FOR MR. C.M. KAMMAPPU SRI.T.A.SHAJI FOR R3 SMT.T.V.NEEMA FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/2/2009 , THE COURT on the SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 1089 OF 2006 IN CRL.M.C. NO.689.2006 DISMISSED. 26/2/2009 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S. TO JUDGE ks. M.C. HARI RANI, J. ====================== CRL.M.C.NO. 689 of 2006 ======================= Dated this the 26th day of February 2009 ORDER This petition is filed by accused Nos.1 to 4 in C.C.No.1090/2005 pending before the Court of Judicial First Class Magistrate, Varkala. The prayer in this petition filed under Section 482 of Code of Criminal Procedure is to quash the complaint, copy of which is produced as Annexure-A1 preferred by the second respondent herein against the petitioners and against the third respondent in this petition, who is the 5th accused in the above case for the offence under Sections 2(ia) (a),(m), 7(1), 16(1),(1-A)(a), Rule 50, Rule V appendix A 15-01 of Prevention of Food Adulteration Rules, 1955 for the reason that the samples of Sabari iodized crystal salt taken on 31-10-2003 from Maveli Store run by the Corporation at Vanchiyoor in Karavaram Grama Panchayath did not conform to the standards prescribed for iodized salt under the Prevention of CRMC 689/2006 -2- Food Adulteration Rules, 1955. 2. The statement of facts alleged in this petition are as follows:- The second respondent herein as the complainant had inspected the Maveli store run by the first petitioner Kerala State Civil Supplies Corporation at Vanchiyoor in Karavaram Grama Panchayth on 31-10-2003 at about 12.40 p.m. The second respondent had taken samples of Sabari iodized crystal salt. Portion of the same was forwarded to the Public Analyst, Thiruvananthapuram and obtained Form-III report wherein it was stated that the samples did not conform to the standards prescribed for iodized salt. Accordingly, petitioners 1 to 4 and third respondent committed the above offence. 3. Heard the learned counsel appearing for petitioners and third respondent. Heard the learned Public Prosecutor also. 4. It is submitted by the learned counsel for the petitioners that even according to the allegations in the complaint, no offence will be made out against the petitioners who are only vendors of Sabari iodized crystal salt and the CRMC 689/2006 -3- allegations made in the complaint against the petitioners are too vague and no prima facie case is made out against them. The learned counsel has also submitted that petitioners 1 to 4 herein/accused 1 to 4 in the above case are the Corporation and its officials are entitled to the benefit under Section 19(2) of the P.F.A.Act. They have only purchased the above articles from the third respondent, who is a licensee and manufactured the same. The petitioners have approached this Court on receipt of warrant issued against petitioners 1 and 2 in C.C.No.1090/2005 and obtained an order of stay from this Court. The prayer in this petition is opposed by the learned Public Prosecutor and submitted that prima facie case is made out against petitioners and third respondent herein and that whether the petitioners are entitled to get the benefit of Section 19(2) of the Prevention of Food Adulteration Act are matters to be decided by the learned Magistrate on the basis of the evidence to be adduced by the parties before that court. No sufficient ground is made out in this petition to quash Annexure-I complaint which is pending before the Judicial First Class Magistrate Court, Varkala as CRMC 689/2006 -4- C.C.No.1090/2005, it is submitted. 5. The third respondent in this petition, who is arrayed as 5th accused in C.C.No.1090/2005, sold the alleged contraband article, Sabari iodized crystal salt to the Civil Supplies Corporation as the vendor has not been disputed. According to the petitioners, they have stored the above article in the same manner and condition in which they purchased it from the 5th accused and no offence as alleged in the complaint has been done by the petitioners/accused 1 to 4 and the case against them should be quashed. 6. The third respondent, who is the 5th accused, was the manufacturer who packed the alleged article is also not disputed. Whether petitioners 1 to 4 are entitled to get the benefit as provided under Section 19(2) of the P.F.A.Act can be ascertained after considering the evidence to be adduced on the side of the prosecution. This Court cannot ascertain such facts with the available materials on record. Therefore, no convincing ground is stated in this petition to quash Annexure-A1 complaint at this stage which is pending before the Court of Judicial First Class CRMC 689/2006 -5- Magistrate, Varkala as C.C.No.1090/2005. Therefore, the prayer made in this petition under Section 482 of Cr.P.C. cannot be allowed in this case and this petition is liable to be dismissed. In the result, the Crl.M.C.is dismissed. M.C. HARI RANI JUDGE ks.