THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6425 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., with a prayer to quash the proceedings against the petitioners in CC No.194 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District. 2. The petitioners herein are A-1 to A-3 in the above said C.C.No.194 of 2009. The Food Inspector, Gudur Municipality filed the complaint against the petitioners under Sections 7(i), 2(ia)(m) and Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short “the PFA Act”) and alleging that on 14-11-2008 the Food Inspector along with staff and panch witness inspected the shop Vimal Agencies, Gudur, for which the A-1 is the proprietor. He purchased nine sealed bottles of Badam Milk for analysis. A-1 disclosed that the said bottles were purchased from the shop of A-3 and one of the samples was sent to the Public Analyst, Food Laboratory. 3. The Food Inspector has received the Public Analyst report dated 19-12-2008 alleging that the sample was adulterated, as such obtained permission from the Director of I.P.M. Public Health Labs, Food (Health) Administration, Hyderabad and launched the prosecution against the petitioners. 4. Heard. 5. The contention of the learned counsel for the petitioners is that the samples were drawn on 14-11-2008 and the prosecution was launched on 28-05-2009 and it was taken on file on 02-07-2009. He further submitted that the even according to the written consent, the mils in the sample bottles was manufactured on 05-11-2008 and the period for use of the same is best before 90 days from the date of bottling, that the complaint was filed on 28-05-2009 and the same was taken on file on 02-07-2009 and there was abnormal delay in filing the complaint, due to which the petitioners were deprived of an opportunity to send the second sample to the public analyst. 6. Under Section 13(2) of the PFA Act, the accused is given an opportunity to ask the Court to send the second sample to the Central Food Laboratory for analysis. In the present case, there was a lapse of seven months and the product is Badam Milk, as such, the petitioners lost their opportunity to send the second sample to the Central Food Laboratory for analysis. On account of the delay in launching the prosecution i.e. filing the complaint, the petitioners lost their valuable right, which is available under Section 13(2) of the PFA Act. 7. Hence, in the above circumstances the continuation of the above said proceedings would amount to abuse of process of law and no purpose would be served in continuing the proceedings. Therefore, the petitioner is entitled for quashing of the proceedings as prayed for. 8. In the result, the Criminal Petition is allowed and the proceedings against the petitioners – A-1 to A-3 in CC No.194 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District, are hereby quashed. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO, J December 22, 2011. KTL