HON’BLE SRI JUSTICE B.CHANDRA KUMAR Crl. P. No. 7817 of 2008 Dated: 22.12.2011 Between:- 1. K. Siva Kameswara Rao 2. Pasala Srirama Krishna .. Petitioners/ Accused AND The State of A.P …Respondent O R D E R:- This Criminal Petition has been filed to quash the proceedings in C.C. No. 230 of 2007 on the file of the Court of I Metropolitan Magistrate, Vijayawada. The 1st petitioner herein is resident of Thimmapuram village, Kakinada Rural Mandal and the 2nd petitioner herein is resident of G-Rangampet village. It is alleged that the 2nd petitioner is working as Salesman under the 1st petitioner. They are manufacturing ghee and selling palm oil at Plot No.77, Radhanagar, Payakapuram, Vijayawada. It is also alleged that on 24.07.2006, at about 10:00 hours, on information that the petitioners were preparing spurious ghee and selling it, the Sub-Inspector of Police, Nunna Rural Police Station, Vijayawada City along with staff and Food Inspector, Municipal Corporation, Vijayawada proceeded to the shop of the petitioners. After usual procedure, they purchased ghee and took two sample bottles of 500 ml each and also the available stock under cover of Mahazar attested by the mediator. Then the Sub-Inspector of Police, after returning to the police station, registered a case in Cr.No. 251 of 2006, Nunna Rural Police Station, Vijayawada City and issued F.I.R. He has also examined the Food Inspector and recorded the statement. Then, the sample ghee bottles were sent to the Chief Public Analyst, Food Laboratory, Nacharam, Hyderabad and the Chief Public Analyst analysed the sample bottles and found that the sample No.1 was not in conformity to the specified standard and adulterated. As far as sample No.2 was concerned, it was found to be not adulterated vide Analysis Report No. 1761/SFL/2006, dated 16.11.2006. Alleging that the accused are liable for punishment under Section 7 read with 16 of Prevention of Food Adulteration Act, 1954 (for short “the Act”) and also under Section 420 IPC charge sheet has been filed. Praying to quash the same, this Criminal Petition is filed. The learned counsel for the petitioners has raised two grounds. His first contention is that the earlier sample sent from the Assistant Medical Officer of Health – I & L(H)A, Vijayawada Municipal Corporation through the Court was found to be not adulterated and therefore, sending the samples at a belated stage by the Investigating Officer himself is illegal. His second contention is that the police are not empowered under the provisions of the Act to seize the adulterated food items. He has relied upon the judgment of this Court in Md.Mahmood and Others v. State of A.P.[1] It appears that under the relevant provisions of the Act the power to seize, arrest and investigate vests with the Food Inspector and the local police have no jurisdiction in the matter. Though in this case, local Food Inspector is said to have accompanied the police, but admittedly the police have seized the samples and the ghee, and therefore, the submission of the learned counsel for the petitioners has to be accepted. Moreover the earlier report referred to above shows that the food sample is not adulterated. In view of the above reasons, the Criminal Petition is allowed quashing the proceedings in C.C. No. 230 of 2007 on the file of the Court of I Metropolitan Magistrate at Vijayawada. The learned counsel for the petitioners submits that on the date of filing this petition, the case was pending on the file of I Metropolitan Magistrate, Vijayawada vide C.C. No. 230 of 2007 and now it is transferred to II Metropolitan Magistrate-cum-Railway Court, Vijayawada and renumbered as C.C. No. 599 of 2010. ____________________ B.CHANDRA KUMAR,J 22.12.2011 bcj [1] 2006(2) ALD (Crl.) 138 (AP)