HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5733 of 2010 ORDER: This criminal petition is filed by the petitioners-accused seeking to quash the proceedings initiated against them in C.C.No.662 of 2009 on the file of the II Addl. Judicial Magistrate of First Class, Nellore, taken on file for the offences punishable under Sections 7(i) and 2(ia)(j) of the Prevention of Food Adulteration Act, 1954 (for brevity “the Act”). 2. Briefly, the facts of the case are that the petitioners herein are carrying on business in the name and style of “M/s. Sri Venkateswara Confectionery” at Mukundapuram, Nellore. On 30.12.2006 2nd respondent herein inspected the said shop, and on suspicion of adulteration, he purchased three packets of Shruthi’s Candy S.B.C. (Orange) of 200 grams each. On the same day, he sent one sample to the Public Analyst, State Food Laboratory, Hyderabad, for analysis. Basing on a report dated 09.02.2007 of the Public Analyst that the sample is adulterated and having obtained permission from the Director, State Food (Health) Authority, Hyderabad, the 2nd respondent filed a complaint against the petitioners before the II Addl. Judicial Magistrate of First Class, Nellore, for the offences referred to above, and the same was taken on file as C.C.No.662 of 2009. The same is questioned in this Criminal Petition. 3. Learned counsel for the petitioners-accused has contended that the samples were collected on 30.12.2006 and the Analyst report is dated 09.02.2007. Whereas, notice under Section 13(2) of the Act was served on the petitioners on 21.12.2009 i.e. after lapse of about three years from the date of collection of the samples. Since there is abnormal delay in issuing notice under Section 13(2) of the Act, the petitioners are deprived of their right of sending the second sample to the Central Food Laboratory, Pune, for analysis, as the same must have been spoiled by the time the petitioners were served with the notice. 4. Having considered the said submission and also taken into consideration the facts and circumstances of the case, the Criminal Petition is allowed, at the stage of admission, and the proceedings in C.C.No.662 of 2009 on the file of the II Addl. Judicial Magistrate of First Class, Nellore, are hereby quashed. _______________________________ GOPALA KRISHNA TAMADA,J 29th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5733 of 2010 (Allowed) Date:29-06-2010 CBS