THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3109 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., with a prayer to quash the proceedings against the petitioners in CC No.73 of 2008 on the file of the Judicial Magistrate of First Class, Bichkunda, Nizamabad District. 2. The petitioners herein are A-2 and A-3 in the above said C.C.No.73 of 2008. The respondent No.2 herein has filed the complaint against the present petitioners and A-1 under Sections 7(i), 2(ia)(m) and Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short “the PFA Act”) and alleging that on 25-04-2006 the Food Inspector along with panch witness inspected the shop Shiva Kirana, situated at Old Bus Stand, Maddunur Village and Mandal and found 10 nos. of 1 litre pouches of Vijaya Palmolein Oil, kept for sale for human consumption. The Food Inspector purchased three sealed pouches of the same and paid Rs.141/-. In the presence of mediators and the vendor, the Food Inspector had drawn three pouches and one of the pouches was sent to the Public Analyst, Food Laboratory and the remaining two sample pouches were deposited with the Local (Health) Authority and obtained receipt. 3. The Food Inspector has received the Public Analyst report dated 02-06-2006 alleging that the sample was adulterated, as such obtained permission from the Director of I.P.M. Public Health Labs, Food (Health) Administration, Hyderabad and launched the prosecution against the petitioners herein and the other accused. 4. As per the said complaint the present petitioners are the manufacturers of the said Vijaya Palmolein Oil, which was purchased by the Food Inspector and sent for analysis. 5. The contention of the learned counsel for the petitioners is that the samples were drawn on 25-04-2006 and the prosecution was launched on 18-06-2008 i.e. after a lapse of more than 2 years and 2 months from the date on which the samples were drawn by the Food Inspector. The said oil purchased by the Food Inspector, is best for use within six months. It is not disputed by the petitioners that the packets of Vijaya Palmolein Oil shows that it is best for use within six months. Admittedly, the three samples were taken on 26-04-2006 at the shop Shiva Kirana, situated at Old Bus Stand, Maddunur Village and Mandal and the prosecution was launched on 18-06-2008. Therefore, the prosecution has launched after lapse of a period of 2 years and 2 months of taking the samples. 6. Under Section 13(2) of the PFA Act, the accused is given an opportunity to ask the Court to send the second sample to the Central Food Laboratory for analysis. In the present case, as charge sheet was filed after 2 years and 2 months of taking the samples, by which date the maximum period for best use was expired, as such the petitioners have lost their opportunity to send the second sample to the Central Food Laboratory for analysis. On account of the delay in launching the prosecution i.e. filing the complaint, the petitioners lost their valuable right, which is available under Section 13(2) of the PFA Act. 7. Hence, in the above circumstances the continuation of the above said proceedings would amount to abuse of process of law and no purpose would be served in continuing the proceedings. Therefore, the petitioners are entitled for quashing of the proceedings as prayed for. 8. In the result, the Criminal Petition is allowed and the proceedings against the present petitioners – A-2 and A-3 in C.C.No. 73 of 2008 on the file of the Judicial Magistrate of First Class, Bichkunda, Nizamabad District, are hereby quashed. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO, J December 22, 2011. KTL