IN THE COURT OF X METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
PRESENT: Tmt. P. Revathi, B.A., B.L.,
X Metropolitan Magistrate
Friday 02nd day of May 2025
CALENDAR CASE NO. 2970 OF 2024
Calender Case No. 2970/2024
Date of commission of the offence 23-11-2022
The name of the complainant State of Tamil Nadu, Represented by
The Food Safety Officer, Kodungaiyur Area,
Code No. 527, Chennai District,
Department of Food Safety,
No.33 West Jones Salai, Saidapet,
Chennai-600 015.
The name of the accused persons A1 Mr. C.Murugan, M/A.38, (Vendor)
S/o.Chinnathambu
Priyan Sweets,
No. 119, 13th Central Cross Street,
MKB Nagar, Chennai 39.
A2 Mr. T.Madhavan, M/A.47, (Proprietor)
S/o.Thirupathi,
Priyan Sweets,
No. 119, 13th Central Cross Street,
MKB Nagar, Chennai 39.
Offence complained of and proved A1, A2 have sold the Unsafe food product by name
''Mixture (Loose)'' by the name of Priyan Sweets,,
thereby A1, A2 have contravened Sec. 59(i) of the Food
Safety and Standards Act, 2006.
The plea of the accused and his A1, A2 pleaded guilty.
examination:
The Final Order A1, A2 are found guilty (under Section 246(3) Cr.P.C)
(i) For the offence punishable u/s. 59(i) of the FSS Act
2006 the A1, A2 are convicted and sentenced to under
go simple imprisonment till the raising of this court and
also with a fine of Rs.5,000/-( Five thousand) each on
default of payment of fine to suffer simple
imprisonment for a period of 2 months and
CC.No. 2970/2024 Page:1
Sd/ P. Revathi
(ii) The period of in default sentence as ordered against
the A1, A2 shall run concurrently as envisaged under
Section 31(1) Cr.P.C.
The amount Payable by
A1, A2 are Rs.5,000/- each
Total Fine amount is Rs.10,000/- (Rupees Ten
thousand only )
Date of the Judgment 02.05.2025.
It is a private complaint filed under Sections 190(1)(a) and 200 of Cr.P.C. against
A1, A2 for the alleged violation of Sec.59(i) of the Food Safety and Standards Act 2006
and came before me for hearing in the presence of learned Assistant Public Prosecutor,
incharge Grade-I for the complainant and learned Advocates M/s. L.Vinothkumar
appearing for A1, A2. On appearance before this court, A1, A2 pleaded guilty. Hearing the
rival submission of both the counsels and also on perusal of the records, this Court doth the
following
JUDGEMENT
1.Gist of the Complaint: On 23.11.2022 the Food Safety officer inspected the premises
Priyan Sweets, No. 119, 13th Central Cross Street, MKB Nagar, Chennai 39. On inspection
it came to the knowledge of the complainant that A1, A2 sold the food to their customers in
the name '' Mixture (Loose) '' for public consumption was found to be suspicious. Hence
under the pretext of adulteration and hazardous over the said product, the complainant had
took sample and sent it for analysis by complying all the procedures as prescribed under the
law. Food analyst Report No. ACT-1504/2022-23 dated 22.12.2022 was received by this
complainant and as per the report it was opined that the sample was Unsafe for public
consumption. On receipt of the report from the lab a copy of the report was sent to A1, A2
as per law. They did not express their intention to challenge the report before the Central
Laboratory. As the sample food having found contravening to the provisions of FSS Sec.
59(i) the complainant after obtaining necessary sanction to prosecute A1, A2 from the
appropriate authority, filed this complaint.
CC.No. 2970/2024 Page:2
Sd/ P. Revathi
2. The Food Safety Officer being a public servant, recording of his sworn statement was
dispensed with under Section 200(a) of Cr.P.C. This Court took cognizance of the offence
complained with and issued summon to A1, A2 along with the copies of the complaint and
documents under Section 204(3) Cr.P.C. On appearance of A1, A2, substance of accusations
in the complaint were explained to them as per Section 246(1) Cr.P.C and A1, A2 were
questioned and they pleaded guilty. As A1, A2 pleaded guilty no witnesses are examined on
the side of the complainant. In view of filing the guilty memo by A1, A2 this Court is of the
considered view that the contraventions and violations of Sections 59(i) of the Food Safety
and Standards Act, 2006 has been clearly established against them accordingly, A1, A2 are
found guilty under Section 246(3) of Cr.P.C.
3. When A1, A2 were questioned about the sentence they stated that
A1 - " கறறநநத தணநட றன வவதவகநக வவணநட கவவறனந "
A2 - " கறறநநத தணநட றன வவதவகநக வவணநட கவவறனந "
4. A1, A2 voluntarily admitted their offence and filed guilty memo and submitted that it is
their first offence and there is no previous case against them and they undertook that they
will not do any offence in future. A1, A2 are found to be responsible for their act. From the
complaint grounds it is also seen that so far no health injury or harm reported from the
general public on the usage of sub standard materials by A1, A2 and their act are found to be
unintentional. Hence considering their livelihood and the present economical situation of
them this court is of the considered view to award the lesser punishment to A1, A2 and they
are convicted as detailed below.
5. In the result the A1, A2 are found guilty as per Section 246(3) Cr.P.C.
A1, A2 are found guilty (under Section 246(3) Cr.P.C)
(i) For the offence punishable u/s. 59(i) of the FSS Act 2006 the A1, A2 are convicted and
sentenced to under go simple imprisonment till the raising of this court and also with a fine
of Rs.5,000/-( Five thousand) each Accused on default of payment of fine to suffer simple
imprisonment for a period of 2 months and
CC.No. 2970/2024 Page:3
Sd/ P. Revathi
(ii) The period of in default sentence as ordered against the A1, A2 shall run concurrently as
envisaged under Section 31(1) Cr.P.C.
The amount Payable by
A1, A2 are Rs.5,000/- each
Total Fine amount is Rs.10,000/- (Rupees Ten only )
// Dictated to typist and typed by her in the desktop, corrected and pronounced by me
in the open Court on this Friday 02nd day of May 2025 //
Sd/ P. Revathi
X Metropolitan Magistrate,
Egmore, Chennai 08.
NO WITNESSES, EXAMINED AND DOCUMENTS MARKED
Note :
1. Fine imposed and collected.
2. The result of the case is intimated to the Complainant.
3. Free copies of the judgment given to the A1, A2
Sd/ P. Revathi
X Metropolitan Magistrate,
Egmore, Chennai 08.
// True copy //
CC.No. 2970/2024 Page:4
Sd/ P. Revathi
