THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6424 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., with a prayer to quash the proceedings against the petitioner in CC No.196 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District. 2. The petitioner herein is the sole accused A-3 in the above said C.C.No.196 of 2009. The Food Inspector, Gudur Municipality has filed the complaint against the petitioner and A-1 under Sections 7(i), 2(ia)(j) and Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short “the PFA Act”) and alleging that on 31-10-2008 the Food Inspector along with panch witness inspected the shop Nageswara Rao Juice Shop, 8-91-3, Raja Street, Gudur, and found a can with Fruit Juice, which he suspected that it is adulterated. The Food Inspector purchased 100 ml of the fruit juice and paid Rs.24/-. In the presence of mediators and the vendor, the Food Inspector had poured the purchased 1200 ml fruit juice into three clean dry and empty bottles each measuring 400 ml each sample bottle and one of the sample bottle was sent to the Public Analyst, Food Laboratory and the remaining two sample pouches were deposited with the Local (Health) Authority and obtained receipt. 3. The Food Inspector has received the Public Analyst report, dated 06-12-2008, alleging that the sample was adulterated, as such obtained permission from the Director of I.P.M. Public Health Labs, Food (Health) Administration, Hyderabad and launched the prosecution against the petitioners herein and the other accused. 5. The contention of the learned counsel for the petitioner is that the samples were drawn on 31-10-2008 and the prosecution was launched on 28-05-2009 and it was taken on file on 02-07-2009 and notice under Section 13(2) of the PFA Act was issued on 03-07-2009, that there was abnormal delay of nearly seven months in giving the notice, as a result the petitioner was deprived of an opportunity to send the second sample to the public analyst. 6. Under Section 13(2) of the PFA Act, the accused is given an opportunity to ask the Court to send the second sample to the Central Food Laboratory for analysis. In the present case, there was a lapse of seven months and the product is Fruit Juice, as such, the petitioner has lost his opportunity to send the second sample to the Central Food Laboratory for analysis. On account of the delay in launching the prosecution i.e. filing the complaint, the petitioner lost his valuable right, which is available under Section 13(2) of the PFA Act. 7. Hence, in the above circumstances the continuation of the above said proceedings would amount to abuse of process of law and no purpose would be served in continuing the proceedings. Therefore, the petitioner is entitled for quashing of the proceedings as prayed for. 8. In the result, the Criminal Petition is allowed and the proceedings against the petitioner – accused in C.C.No.196 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District, are hereby quashed. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO, J December 22, 2011. KTL