HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.5051 OF 2008 DATE:03.08.2010 Between: Mr. D.V.Sunil Kumar and 2 others …… Petitioners. And: State of AP., rep. by its PP, High Court of A.P., Hyderabad. …..Respondent. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.5051 OF 2008 ORDER: 1. This is another example of lethargy on the part of the complainant/Food Inspector, Kadapa District and also Director of Institute of Preventive Medicine-cum-Food (Health) Authority, Hydeabad resulting in defeating provisions of the Prevention of Food Adulteration Act, 1954 (in short, the Act) due to their intentional or unintentional delays, ultimately resulting in failure of justice. 2. In this case, the Food Inspector inspected shop of A-1 at Mydukur on 23.01.2006 and obtained samples of three sealed bottles of Cadbury’s Bournvita 400 grams each. It is printed on the label of the sample bottles that they were packed on 12/2005 and that it is best before 12 months. Thus, shelf life of the sample product was up to 11/2006 or even up to 12/2006. On the next day of obtaining the sample, one sample was sent by the Food Inspector for analysis. The Public Analyst after analysis sent report dated 27.02.2006 with covering letter dated 28.02.2006. The Public Analyst opined that the sample does not conform to the standards of coliform count and is therefore adulterated. Even though the Public Analyst’s report was received few days after 28.02.2006, the Food Inspector, Kadapa (Witness No.1) sent detailed report to the Director, Food (Health) Authority, Hyderabad on 21.06.2006 for further orders. There is absolutely no explanation for the delay between 28.02.2006 and 21.06.2006. While so, on 04.12.2006, the Food Inspector received letter dated 25.11.2006 from the Director and Food (Health) Authority, Hyderabad giving written consent for institution of prosecution against A-1 to A-3 for offence punishable under Section 16(1)(a)(i) of the Act. Thereafter, the Food Inspector filed charge sheet in the court of the II Additional Judicial Magistrate of the First Class, Proddatour on 02.02.2007. There is no explanation for the delay between 21.06.2006 to 25.11.2006 in office of the Director and Food (Health) Authority, Hyderabad for giving written consent. Again there is no explanation for the delay between 04.12.2006 and 02.02.2006 on the part of the Food Inspector, Kadapa for instituting the complaint in the lower court. It is only after 02.02.2007, the Food Inspector served copy of Public Analyst’s report to the accused. By the said date of service of Public Analyst’s report on the accused, shelf life of the sample product expired. Therefore, it is contended by the Senior Counsel appearing for the petitioners/A-1 to A-3 that valuable defence of the accused by way of sending the second sample to the Central Food Laboratory and to obtain second report on the sample, is lost because of the delay in institution of the case by the Food Inspector. No purpose will be served even if any of the accused exercises right to send second sample to the Central Food Laboratory for analysis and report because the sample will not be with the same composition by that date due to expiry of shelf life of the product. Thus, the proceedings in the lower court against the petitioners 1 to 3/A-1 to A-3 cannot stand in the eye of law. 3. In the result, the criminal petition is allowed quashing proceedings in C.C.No.106 of 2008 on the file of the Judicial Magistrate of the First Class, Mydukur, Kadapa District. This Court constrains to observe that because of the avoidable delay on the part of the Food Inspector, Kadapa and on the part of the Director of Institute of Preventive Medicine-cum-Food (Health) Authority, Hyderabad, this situation had arisen. It is high time for the State Government to take steps and action against the erring officials and to see that similar lapses should not occur in the State resulting in failure of justice because of their action or in action. The Registrar (Judicial) of this Court is directed to send a copy of this judgment to the Principal Secretary to Government, Health, Medical & Family Welfare Department, Government of Andhra Pradesh, Hyderabad for taking necessary action. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:03.08.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.5051 OF 2008 Date:03.08.2010 Gk.