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. 3909 of 2005() ------------------------------------ AGAINST THE ORDER DATED 18/04/2005 IN CMP 1125 2005 IN CC.18/2004 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER(S): ACCUSED 4 AND 5 -------------------------------------------------- 1. ANAS ALI, ARAB DISTRIBUTORS, BUS STAND ROAD, VAIKOM. 2. SIJI ANAZ, ARAB DISTRIBUTORS, BUS STAND ROAD, VAIKOM. BY ADVS. SRI.M.NARENDRA KUMAR SMT.LEENA KRISHNAN RESPONDENT(S): COMPLAINANT R2/ACCUSED 1 TO 3 -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOOD INSPECTOR, PALA CIRCLE. 3. K.K.ABDUL JALEEL, KANDATHIL HOUSE, NADACKAL P.O., ERATTUPETTA. 4. SHARAFUDHEEN, S/O.MUHAMMED HANEEFA, THOTTUCHIRAYIL HOUSE, VAIKOM. (NOMINEE M/S.RIYA FOOD PRODUCTS, MUVATTUPUZHA). 5. M/S.RIYA FOOD PRODUCTS, MUVATTUPUZHA, REP. BY RESPONDENT NO.4 R1 & R2 BY PUBLIC PROSECUTOR SRI.B.VINOD R3 BY ADV. SRI.GEORGEKUTTY MATHEW THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC. NO.3909/2005 APPENDIX PETITIONER'S ANNEXURES A:- COPY OF THE CRL.MP.1125/05 IN CC. 18/04 AND ORDER ON ITS (HAND WRITTEN) DTD. 18.4.05 IN THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA. B:- COMPUTER COPY OF THE ORDER DTD. 18.4.05 IN CRL.MP.1125/05 IN CC. 18/04 IN THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 3909 OF 2005 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard learned counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused Nos.4 and 5 in CC No.18/2004 on the file of Judicial First Class Magistrate, Erattupetta for offences punishable under Sections 2 (ia) (a) (c), 7 (1) read r/w Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 and Rule 5 App.B,A dated 05-08-2001 of Prevention of Food Adulteration Rules, 1955 arising out of a complaint instituted by the Food Inspector, Pala. 3. Learned counsel for the petitioners relied on a decision in M/s.Omprakash Shivaprakash V. Kuriakose (1999 (3) KLT 861) in which it is held that power under Section 20-A of Prevention of Food Adulteration Act cannot be invoked until the trial begins and after the trial ends and evidence recorded by the persons. Therefore, admittedly no evidence is adduced against the petitioners to show their involvement in this case. 4. Therefore, order dated 18-04-2005 in CMP No.1125/2005 in CC No.18/2004 is set aside with liberty to the Crl. M.C 3909/2005 -2- prosecution to implead the petitioners if materials are available against them. The prosecution can file application for impleading after evidence. This Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge