IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3427 OF 2008 Between: Nerella Srinivasa Rao … PETITIONER And The State of A.P. … RESPONDENT This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3427 OF 2008 ORDER: 1. This Court, by order dated 06.10.2007, in Crl.P.No.4546 of 2007 quashed proceedings against A3 and A4 in S.T.C.No.24 of 2006, on the file of the Judicial Magistrate of the I Class, Vinukonda, on the ground that the complaint was filed by the Food Inspector in the lower Court after date of “best before 12 months from packaging”. 2. The sugar confectionary in this case was packed in April, 2003. The complaint was filed in the lower Court on 19.12.2006. The variation in synthetic food colour is only to the extent of 0.0279 gram/kg. Since the complaint is filed and Public Analyst report was served on the petitioner after shelf life of the sample product, the petitioner/A2 is deprived of his valuable right of defence by sending the same to the Central Food Laboratory for analysis and second report. 3. Hence, the criminal petition is allowed quashing proceedings in S.T.C.No.24 of 2006, on the file of the Judicial Magistrate of the I Class, Vinukonda, insofar as the petitioner/A2 is concerned. ______________________________ SAMUDRALA GOVINDARAJULU, J August 05, 2010 KL HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3427 OF 2008 August 05, 2010 KL