THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6891/2007 Date of Order: 24-12-2010 Between: 1. Raj K. Chowhan and another ..Petitioners and State of Andhra Pradesh, represented by its Public Prosecutor.. ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6891/2007 Oral order: This petition under Section 482 Cr.P.C., is filed to quash the proceedings initiated against the petitioners in CC No.381/2005 on the file of Judicial Magistrate of First Class, Kalwakurthy, Mahabubnagar District for the offence punishable under Sec. 16(1-A)(i) of the Prevention of Food Adulteration Act, 1954 (for short “the Act”) for violation of Sections 7 (i) and 2(ia)(j). Learned counsel for the petitioners submits that in spite of filing nomination under Section 17(2) of the Act nominating G.S.V.V. Prasad, Production-in-charge/Manager for conduct of business of the firm, M/s. Parle Products Private Limited and Depot situated at M/s. Ruby Confectionery Private Ltd., Hyderabad, prosecuting the persons/directors of the firm is contrary to the dicta laid down by the Supreme Court in R. BANERJEE V. H. D. DUBEY [1]; NALIN THAKUR AND OTHERS V. STATE OF MAHARASHTRA[2]. It is not in dispute Sri M.K.Verma, Production Officer- Confectionery of Parle Products Private Limited and Mr. G.S.V.V. Prasad, Production In charge/Manager were nominated as per Rule 12-B of the Prevention of Food Adulteration Rules, 1955 in Form-VIII to represent A3 and A4 and was forwarded to the Assistant Food Controller, Zone-VI, and Local (Health) Authority, Hyderabad, who certified/acknowledged the same on 11-03-2002 and 18-9-2002 respectively. Whereas the alleged inspection of the premises of M/s. Srinivasulu Kirana Stores, Veljal village, Talakondapally Mandal, Mahabubnagar District, owned by the first respondent was made on 28-2-2003 as per the complaint lodged on 28-10-2005 for the offence punishable under Sec. 16(1-A)(i) of the Act for violation of Sections 7 (i) and 2(ia)(j). In view the facts and circumstances of the case and also in view of the law declared by the Supreme Court in the above cited cases, initiation of proceedings against petitioners (Directors) under the provisions of the Act, in spite of valid nomination, is nothing but an abuse of process of law. The Criminal Petition is accordingly allowed and the proceedings initiated against the petitioners/A-3 and A-4 on the file of Judicial Magistrate of First Class, Kalwakurthy, Mahabubnagar District, are hereby quashed. _______________ A.GOPAL REDDY, J. Dt.24-12-2010 kmr [1] AIR 1992 SC 1168 [2] 2004(1) FAC 68