IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.Rev.Pet.No. 769 of 2009() ----------------------------- AGAINST THE ORDER DATED 29/01/2009 IN MP.188/2009 IN ST.2161/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER(S): PETITIONERS/ACCUSED ---------------------------------------- 1. AYUSH, S/O VINOD KUMAR, AROOKKADU HOUSE, AZHEEKKAL P.O., VYPIN, KALAMUKKU. 2. AUGUSTINE MICHEL, VELUTHEDATH HOUSE, MURUKKUMPADAM, AZHEEKKAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BINOJ.C.AUGUSTINE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. P.RADHAKRISHNAN, FOOD INSPECTOR, KOCHI CIRCLE, TRIPUNITHURA. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ................................................. Crl.R.P. No. 769 of 2009 ................................................ Dated: 13th March, 2009 O R D E R The revision petitioners who are the accused in S.T. No. 2161/2007 on the file of the J.F.C.M.I., Kochi, challenges the order dated 29-1-2009 passed by the J.F.C.M.I, Kochi dismissing M.P. No. 188 of 2009 filed by the petitioners on 16-1-2009 seeking to send the second sample of the article of food namely, “chicken fry” to the Central Food Laboratory, under Sec. 13 (2) of the Prevention of Food Adulteration Act. 2. The sample of food of chicken fry was collected by the Food Inspector on 13-06-2007. The report of the public analyst was on 4-7-2007. The Food Inspector preferred the complaint on 29-09-2007. Notice of institution of the complaint was received by the revision petitioner on 8-10- 2007. In spite of receipt of summons, the accused did not enter appearance. The 2nd accused was arrested on 15-6-2008. A1 surrendered on 27-6-2008. No petition under Sec. 13 (2) of the Act Crl.R.P. No. 769 of 2009 -:2:- was filed. It is only when the case came up for framing charge on 15-1-2008, after pre-charge evidence was taken on 16-1-2009 that the petitioners filed the above M.P. under Sec. 13 (2) of the Act for sending second sample to the Central Food Laboratory. The said application was rightly dismissed as belated. I do not find any good ground to interfere with the order passed by the learned Magistrate. This petition is accordingly dismiss ed. Dated this the 13th day of March 2009. Sd/-V. Ramkumar, Judge. /true copy/