R NAGARAJAN Vs. FOOD INSPECTOR

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet pending in S. T.C.No.IS7 of 2008, on the file of the learned Judicial Magistrate, PERIYAKULAM, and to quash the same.

(2.) The petitioners have been charged for the alleged offence punishable under Section 7(ii) & 16(1)(a)(i) r/w 2(ix)(g) and (k) of the Prevention of Food Adulteration Act, 1954 and Rule 37 of the Prevention of Food Adulteration Rules, 1955. The first petitioner is running a shop in the name and style of 'Nagaraj an Store', Thenkarai, Periyakulam and the 2nd petitioner is the manufacturer at Dindigul.

(3.) On 27.06.2007, the respondent viz., the Food Inspector of Periyakulam Municipality, inspected the first petitioner's shop and took sample packets of Anil Puttu Flour'. The respondent, on receiving a report from the Food Analysis Laboratory, Guindy, alleging that the sample packets contained misbranded labels thereby, contravened the Rule 37 of the Prevention of Food Adulteration Rules, 1955 and filed a charge sheet for the offence as stated earlier.