HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3124 OF 2010 Date: 20.04.2010 Between: Sri Gudla Satyarao ……Petitioner And: The State of A.P., rep. by its PP. ……Respondent. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3124 OF 2010 ORDER: The petitioner/1st accused in C.C.No.20 of 2004 is facing trial in the court of Judicial Magistrate of the First Class, Pathapatnam for offence punishable under Section 7 of the Essential Commodities Act for contravention of Clause 19(a) and 19( c ) VII of Fertilizers Control Order, 1985 along with two others. A-1 is Fertilizer dealer at Siridi village, Bamini Mandal of Srikakulam District. A-2 is wholesale dealer in fertilizers. A-3 imported Nitrate of Potash (MOP) fertilizer from other countries for sale in India. In this case, the Fertilizer Inspector (Agricultural Officer) of Bamini Mandal inspected shop of A-1 on 24.08.2001 and obtained sample of the above fertilizer from sealed bags and when the sample was analyzed by F.C.O Laboratory, Warangal, it was found that the same was not according to specifications. This Court previously quashed proceedings in this case relating to A- 2 and A-3 as per orders dated 22.3.2006 and 20.8.2009 in Criminal Petition Nos.1740 of 2004 and 6178 of 2009 originally on the ground that report of the Public Analyst was not served on them and it caused prejudice to their defence because they could not take steps for sending second sample to another laboratory for analysis and report. No doubt, even on A-1/petitioner, the complainant did not serve copy of analysis report. Inspite of it, A-1 took steps before the lower court to send second sample for analysis to another laboratory and report was obtained. Therefore, whether non service of first report of analysis on the petitioner/A-1 becomes purely academic and technical because the petitioner/A-1 took steps for sending the second sample for analysis to another laboratory. Therefore, at this stage i.e., after nine years of the offence and six years after filing of complaint in the lower court, I do not find any valid reasons to quash proceedings against A-1 at this stage A-1. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:20.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3124 OF 2010 Date: 20.04.2010 Gk.