THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.556 of 2011 BETWEEEN: The State of A.P. … Appellant AND Chimakurthi Anjaneyulu … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.556 of 2011 JUDGMENT: The accused/respondent was acquitted by the Judicial Magistrate of the First Class, Vinukonda in STC.No.21 of 2006 of the offence punishable under Section 16 of the Prevention of Food Adulteration Act, 1954. Sample of groundnut oil obtained by the Food Inspector from open tin in the shop of the accused, was found to be adulterated. The sample was obtained on 30.04.2003. Report of the Public Analyst in Form No.III was dated 03.05.2003. Sanction for prosecution was given on 26.12.2003. Shelf life of an edible oil that too obtained from open container cannot be more than six months from the date of its extraction/manufacture. Even by the time, sanction was obtained for prosecution, shelf life of the sample product in this case expired. In that view of the matter, right of the accused for exercising option to send second sample to the Central Food Laboratory for analysis; became defeated as shelf life of the sample product expired. The case in the lower Court is stated to have been filed in the year 2006. There is inordinate delay by the complainant at each level. Observation of the lower Court that because of the analysing of the sample by the public analyst about 25 to 30 days after it was sent for analysis, cannot be a ground for acquittal. But, if the proceedings from the stage of lifting the sample upto the stage of filing of the appeal are observed, then there is defeat of statutory obligations on the part of the prosecution under Section 13(2) of the Act. Therefore, I do not find any grounds to interfere with the acquittal recorded by the lower Court in this case. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 15.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.556 of 2011 DATED: 15.04.2011 ysk