HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.10422 OF 2010 Dated 22-10-2010 Between: M.Nagaraja. …Petitioner. And: The State of A.P. represented by the Food Inspector, Division-III, Y.S.R.District, Kadapa, represented by the Public Prosecutor, High Court of A.P., Hyderabad. …Respondent. HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.10422 OF 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.31 of 2010 on the file of the learned Judicial First Class Magistrate at Sidhout, Y.S.R. Kadapa District. I have heard the learned counsel appearing for the petitioner-A.1 and the learned Additional Public Prosecutor representing the State. The Food Inspector inspected the Kirana and General stores of the petitioner-A.1 on 27-12-2007 along with his staff and collected sample of Garden French Coffee (Sealed) and sent the sample for analysis to the State Food Laboratory on 28-12.2007. Subsequently, sanction for prosecution was obtained on 17-8-2009 and complaint was filed on 29-12-2009 i.e., after nearly two years of obtaining the report of the analysis. Learned counsel appearing for the petitioner would submit that the batch number and the particulars of the batch were clearly mentioned on the label and further there is a clear mention therein that “it is best before six months from the date of package”. Even assuming that the sample collected is manufactured in the month of December, 2007, the quality was expired in the month of May, 2008. Since the complaint was filed on 29-12-2009 and no notice being sent along with copy of the report of the State Food Laboratory before the expiry date of the sample, the petitioner had lost his valuable right under Section 13 (2) of the Food Adulteration Act of sending the second sample to the Central Food Laboratory and obtaining the report of analysis. Under these circumstances, even if the trial is allowed to be proceeded with, no useful purpose would be served because of clear violation of Section 13 (2) of the Act. Allowing the case to proceed further before the learned trial Court, therefore, amounts to abuse of process of law as there is absolutely no possibility for the prosecution to secure the conviction in view of the lapse as pointed out above. For the foregoing reasons, the entire proceedings in C.C.No.31 of 2010 on the file of the learned Judicial First Class Magistrate at Sidhout, Y.S.R. District Kadapa are quashed. Accordingly, this Criminal Petition is allowed. _________________________ Justice R.KANTHA RAO Dated 22-10-2010 Dvs HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.10422 OF 2010 Dated 22-10-2010