THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5741 of 2008 ORDER: 1. This petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in C.C.No.82 of 2007 on the file of the I Additional Munsiff Magistrate, Tenali. 2. The petitioners herein are the accused and the respondent is the complainant in the said case. For the sake of convenience, I refer the parties as arrayed before the lower Court. 3. The allegations levelled against the accused are as follows: On 11-08-2006 at about 10.00 a.m. the Food Inspector along with his sanitary Maistry inspected the shop of Sri Bhaskara Siva Nanda Traders, D.No.7-30-30/1, Motumarrivari street, Tenali. Then A-1 who was the vendor and Proprietor of the shop was transacting business in the shop. The complainant found, 90 sealed strong paper boxes each containing 16 sealed one-liter Vanaspathi packets. On suspicion he purchased Vanaspathi pockets from the shop and packed the same as samples after observing necessary formalities. A-1 informed that the said pockets were kept for sale for human consumption. Subsequently, the complainant sent one of the samples for analysis to the Public Analyst, Hyderabad later received report there from, which reads as hereunder: “The sample does not conform to the standards of Red units in respect of Sesame oil and Free fatty acid as Oleic acid. Hence, it is adulterated as per Section 2 (ia)(m) of Prevention of Food Adulteration Act, 1954.” Then a copy of the analyst report was served upon him. A-1 preferred to send second sample for analysis and report from the Central Food Laboratory. Subsequently, i.e., on 25-06-2008 received analysis report of the second sample, wherein it was mentioned as follows: “The samples confirms to the standards of Vanaspati as per P.F.A. Rules, 1955.” Learned counsel for the petitioners submits that instead of closing the matter once for all by virtue of the report of Central Food Laboratory the learned Magistrate allowed the proceedings to continue. It is contended in the appeal that when once the report of the Central Food Laboratory provides that the sample confirmed to the standards of Vanaspathi as per P.F.A. Rules, 1955 which is against the report given by the State Public Analyst, the learned Magistrate ought to have closed the matter once for all and hence, the Calendar Case has to be quashed. By virtue of Section 482 Cr.P.C., if there is any abuse of process of law and un-necessary harassment of concerned accused the same shall be prevented. By virtue of Section 13 (2) of the Food Adulteration Act he got right to send the 2nd sample to the Central Food Laboratory for analysis and report to prove his innocence of the allegation. When once it was given in favour of him it amounts to that he is innocent. It prevails over the State Public Analyst report ultimately, by reason of which no purpose would be served by continuing the proceedings. In other words, contravention of the analysis report would result in abuse of process of law and un-necessary harassment of the petitioners/accused. Accordingly, the proceedings are liable to be quashed. In the result, the petition is allowed quashing the proceedings in C.C.No.82 of 2007 on the file of the I Additional Munsiff Magistrate, Tenali, subject to the observation made above. ________________________________ G. KRISHNA MOHAN REDDY, J April 01, 2011 Pn THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5741 of 2008 April 01, 2011 Pn