HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8028 OF 2010 ORDER: This criminal petition is filed by the petitioner-accused No.2, under Section 482 Cr.P.C., seeking to quash C.C.No.91 of 2010 on the file of the Judicial Magistrate of First Class, Bhadrachalam, Khammam District, taken on file for the offence punishable under Sections 7 (1) and 2(ia) (m) of the Prevention of Food Adulteration Act, 1954 (for short “the Act”). The case of the prosecution is that the petitioner herein and another are selling adulterated Dhaniya Powder. The only point raised by the learned counsel for the petitioner is that after receipt of analyst report, the petitioner filed a petition under Section 13(2) of the Act before the trial Court seeking to send the second sample to the Central Food Laboratory, Pune and the said petition was allowed. Thereafter, the Central Food Laboratory, Pune sent a report dated 04.06.2010 opining that the sample conforms to the standards of “Coriander (Dhania) Powder” as per P.F.A. Rules 1955 as per tests performed. In view of the same, C.C.No.91 of 2010 may be quashed. This Court is of the view that when the learned Magistrate directed that the second sample be sent to Central Food Laboratory, Pune for analysis and after receipt of the analyst report, it is for him to decide the issue and dispose of the case in accordance with law. Therefore, the learned Magistrate is directed to peruse the analyst report dated 04.06.2010 issued by the Central Food Laboratory, Pune and dispose of the case, in accordance with law, on 03.09.2010 itself to which date the case was posted. Accordingly, the criminal petition is disposed of. __________________ RAJA ELANGO, J 23rd August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8028 of 2010 (Disposed of) 23rd August, 2010 CBS