THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1218/2008 Dt,22-7-2010 Oruganti Padmavathi ..Petitioner V. The State of Andhra Pradesh, represented by Food Inspector, Division-II, Nellore District, Nellore ..Respondent The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1218/2008 ORAL ORDER Petition under Section 482 Cr.P.C., to quash the proceedings in CC No.87/2008 on the file of Additional Judicial First Class Magistrate, Kavali is filed by the petitioner, who is facing trial for the offence committed under Sections 7(1) & 2(ia) (m) and punishable under Sections 16(1)(a)(1) of the Prevention of Food Adulteration Act, 1954. Admittedly, the Food Inspection, Division-II, Nellore District inspected the unit of M/s. Madhura Bottling, Maddurupadu village, Kavali Mandal on 27-12-2005 at 10-30 AM; purchased 9 bottles of packaged drinking water and the same was divided into three parts. He sent one such sample to the Public Analyst, State Food Laboratory, Hyderabad on 28-12- 2005. The Public Analyst submitted his report dt. 8-2-2006 opining that the sample does not conform to the standard of residual free chlorine, and therefore adulterated. The Director, Institute of Preventive Medicine, PH Labs-Food (Health) Administration, Narayanaguda, Hyderabad accorded written consent for launching prosecution against the petitioner. Thereafter, the Food Inspector filed a complaint before the Court on 30-1-2008, which was taken on file by the Magistrate on 2-2-2008 and issued process. Notice under Section 13(2) of the Prevention of Food Adulteration Act, 1954 was sent to the petitioner/accused on 7-2-2008. Admittedly, there is a delay in launching prosecution informing about the report of the Public Analyst, and the petitioner/accused has been deprived of an opportunity of sending the second sample to the independent laboratory, which is a valuable right available to the petitioner. Therefore, continuation of the proceedings initiated against the petitioner/accused in CC No.87/2008 on the file of Additional Judicial First Class Magistrate, Kavali, Nellore District is an abuse of process of law and same are liable to be quashed and are accordingly quashed. The Criminal Petition is accordingly allowed. ______________ A.GOPAL REDDY,J Dt.22-7-2010 kmr