THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7852 of 2007 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioners seeking to quash the proceedings in C.C.No.240 of 2006 on the file of the Judicial First Class Magistrate, Pathikonda, Kurnool District, whereby they are facing charge for the offence punishable under Sections 7(i), 2(ia)(m) and 16(1)(a)(i) of the Prevention of Food Adulteration Act. Heard both sides. Learned counsel for the petitioners-accused submitted that the procedure is not followed by the Food Adulteration Officer. On the other hand, learned Additional Public Prosecutor submitted that admittedly, the samples were taken on 08.07.2004 and after receipt of the report from the analist, the complaint was filed on 01.09.2006. As provided under Section 13(2) of the Act, notice was sent to the accused and the same was acknowledged by the petitioner herein on 09.09.2006, but the petitioner herein has not chosen to utilize the provision under Section 13(2) by sending the coffee powder for second time analysis, hence he cannot approach this Court by way of invoking the provisions under Section 482 Cr.P.C. It is submitted by the learned Public Prosecutor that whether after lapse of two years the food products taken by way of samples can be analyzed or not are to be answered by the Food Adulteration Officer at the time of trial and this Court cannot decide the same at this stage. Hence, this Court is of the view that the points raised by the learned counsel for the petitioner herein can be raised before the trial Court and the trial Judge is directed to appreciate the same in accordance with law. With the above observation, the criminal petition is disposed of. In any event, the alleged offence is only under Food Adulteration Act, where the question of identity of the accused does not arise, the presence of the petitioners-accused before the trial Court is dispensed with and they shall appear before the Court on the dates on which the learned trial Judge insists for their appearance. The miscellaneous petitions if any filed along with the criminal petition shall stand closed. ___________________ JUSTICE RAJA ELANGO 10th February 2011 Rns