THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.735 of 2011 BETWEEEN: The Food Inspector, Kakinada, Rep. By Public Prosecutor High Court of A.P., Hyderabad. … Appellant AND 1. Vaddi Chandra Sekhar & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.735 of 2011 JUDGMENT: The lower Court dismissed the complaint filed by the Food Inspector on the ground that the complainant was absent. It is contended by the Additional Public Prosecutor that the Food Inspector went on pushkaram duty and therefore, he could not attend the Court on that day. In case the Assistant Public Prosecutor informed the same to the lower Court and had taken effective steps in that regard, the event would not have occurred. 2. In any event, no purpose will be served even if the case is restored and sent back to the lower Court for trial, because of the delay of more than two years in filing the complaint in the lower Court. The sample seized in this case is packaged drinking water. The public analyst found presence of molds, coliforms and salmonella, a pathogenic oraganism in the said water. The accused filed petition under Section 13(2) of the Prevention of Food Adulteration Act, 1954 to send the second sample to the central laboratory. Pathological changes in water occur due to lapse of time. In my opinion, no purpose will be served even if the opportunity under Section 13(2) of the Act is given to the accused, because shelf life of packaged drinking water expired long back. Therefore, I do not find any grounds to give another chance to the complainant to pursue the case in the lower Court. 3. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 08.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.735 of 2011 DATED: 08.06.2011 ysk