THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3083 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., with a prayer to quash the proceedings against the petitioner – accused No.4 in CC No.133 of 2008 on the file of the V Metropolitan Magistrate, Gannavaram, Vijayawada. 2. The offences alleged against the petitioner are under Sections 7(i) & 2(ia) (m) read with 16(1(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short ‘the Act’). Admittedly, the petitioner is the manufacturer of the product. The product, which is purchased by the 1st respondent is a bottle of tomato pickle from the shop of the 1st accused. 3. Learned counsel for the petitioner submitted that in the said pickle bottle, the period for which it is consumable is specifically stated i.e. within a period of 9 months from the date of manufacture, whereas the complainant purchased the same after lapse of the said period of 9 months. The learned counsel further submitted that the manufacturer cannot be held responsible since the shop retailer was keeping the product for selling in the market, that the duty of the petitioner is only to inform specifically regarding the consumable period, and therefore, he prays to quash the present proceedings against the petitioner. 4. This Court perused the entire record and also heard the arguments. 5. It is admitted by the prosecution that the petitioner is the manufacturer of the pickles and it is also stated in the complaint that the period of consumption of the said pickle is only 9 months. Since the retailer was in possession of the said pickle even after 9 months, the petitioner cannot be held responsible for the offence under the Act. 6. Hence, the Criminal Petition is allowed and the proceedings against the petitioner – accused No.4 in CC No.133 of 2008 on the file of the V Metropolitan Magistrate, Gannavaram, Vijayawada, are hereby quashed. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO, J December 22, 2011. KTL