THE HON’BEL SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 4070 of 2008 ORDER: The petitioner, who is accused No.1 in C.C.No.1476 of 2002 on the file of I Metropolitan Magistrate, Vijayawada, for the offences punishable under Sections 2(1a) (b) 7 (1) (a) (ii) of Food Adulteration Act, (for short ‘the Act’), filed the criminal petition under Section 482 Cr.P.C., to quash the proceedings in C.C.No.1476 of 2002 on the file of I Metropolitan Magistrate, Vijayawada, Krishna District. The case of the prosecution is that on 11.09.2001, the Food Inspector took a sample of ground-nut oil from a sealed drum in the shop of the petitioner, supplied by the second accused, a firm represented by the third accused. When the sample was sent to a Public Analyst for analysis, who analyzed and sent a report on 16.10.2001 opining that the sample contained palmolin oil and therefore adulterated. The local authority sent a notice to the petitioner under Section 13(2) of Act. Then the second sample was also sent to the Central Food Laboratory on petitioner making the requisite deposit. The grievance of the petitioner is that though more than five years have elapsed no report has been received so far. Hence the petitioner filed Crl.M.P.No.809 of 2008 before the lower Court under Section 258 Cr.P.C. to stop the proceedings in C.C.No.1476 of 2002, which was rejected by the lower Court. Hence this criminal petition. The only contention raised by the learned counsel for the petitioner is non-compliance of the provisions of Section 13(2) (b) of the Act, and on the sole ground itself the criminal petition is liable to be allowed. Since the second sample was sent to the Central Food Laboratory as early as in the year 2002, the Central Food Laboratory is under obligation to sent the report within one month from the date of receipt of second sample, which is mandatory as per law. Hence, the Criminal Petition is allowed and the proceedings in C.C.No.1476 of 2002 on the file of I Metropolitan Magistrate, Vijayawada, are hereby quashed. __________________ (RAJA ELANGO, J.) 2nd July, 2010 Js.