HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1078 OF 2006 DATE:25.11.2009 Between: Kodumuri Srinivasulu and another …….Petitioners And: The State of A.P., rep. by P.P., High Court of A.P., Hyderabad ……Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1078 OF 2006 ORDER: This petition is filed under Section 482 of the Code of Criminal Procedure for quashing the proceedings in C.C.No.835 of 2005 on the file of Judicial Magistrate of the First Class, Mahabubabad relating to the offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act read with certain rules. The only question which arises in this petition is whether “Shakti Nut Powder” is a food item covered by the Prevention of Food Adulteration Act. Previously Single Judge of this Court (C.Y.Somayajulu,J) by the order dated 31.12.2003 in Criminal Revision case No.1845 of 2003 held that “Shakti Nut Powder” is not an article of food as defined under Section 2(v)(a) and (b) of the Act. When the present petition originally came up for hearing before remand, single Judge of this Court (T.Ch.Surya Rao,J) did not agree with the previous decision and came to the conclusion that “Shakti Nut Powder” is also food item under the Act and dismissed this Criminal Petition on 08.08.2006. The 2nd petitioner took the matter to the Supreme Court of India and the Supreme Court of India by the order dated 07.09.2007 set aside order dated 08.08.2006 of this Court and remanded the matter to this Court for fresh consideration. After remand, this petition again came up for hearing before another Single Judge (K.C.Bhanu,J). By the order dated 25.03.2009, the Single Judge without agreeing with the previous decision in Criminal Revision Case No.1845 of 2003 referred the matter to a Division Bench. Thereupon, this petition came up before the Division Bench (A. Gopal Reddy and K.C.Bhanu,JJ) and the Division Bench held that “Shakti Nut Powder” is also a food item under the Act; and answered the reference accordingly. So, now the petition has come up before this Court for final disposal in view of the reference answered by the Division Bench. In view of decision of the Division Bench in this matter, I find that “Shakti Nut Powder” is an item of food under the Act. In the result, this Criminal Petition is dismissed. Since the complaint in the lower court is pending since the year 2005, the lower court is directed to dispose of the criminal case as expeditiously as possible and preferably within three months from the date of receipt of the copy of this order. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date:25.11.2009 Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.1078 OF 2006 DATE:25.11.2009 Gk.