THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.45 OF 2010 JUDGMENT: This appeal, under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 {Cr.P.C.}, is directed against the order dated 10.07.2007 in C.C.No.130 of 2006 on the file of the I Additional Munsif Magistrate, Tenali, whereunder and whereby the complaint was dismissed under Section 256 Cr.P.C. under the ground of non- prosecution. The allegation of the complaint would go to show that on 19.04.2003 at 3.45 p.m., the Food Inspector inspected the premises of A2-M/s. Pooja Industries, Kuchipudi Lock, Tenali, and purchased pure drinking water from A1, who stocked and sold the same and on coming to know that the said water was misbranded, he filed a complaint. As the summons has not been served on the complainant and as there was no representation, the trial Court dismissed the complaint for non-prosecution. Even if the complaint is restored to file, no useful purpose would be served since the packaged drinking water was purchased on 19.04.2003 and three years thereafter, the Food Inspector lodged the complaint. By the date of filing the complaint, the shelf life of the water would be expired and no useful purpose would be served even if the accused made a request to sent the second sample to the Central Food Laboratory. Because of the delay, the accused lost his valuable right conferred under Section 13 (2) of the Prevention of Food Adulteration Act, 1954. Hence, there are no grounds to interfere with the order of dismissal. Accordingly, the Criminal Appeal is dismissed. _____________ (K.C.BHANU, J) 28th January 2010 RRB