HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5642 of 2010 ORDER: This criminal petition is filed by the petitioners-accused seeking to quash the proceedings initiated against them in C.C.No.39 of 2008 on the file of the Judicial Magistrate of First Class, Nagarkurnool, Mahabubnagar District, for the offences punishable under Sections 7(i) and 2(ia)(j) of the Prevention of Food Adulteration Act, 1954 (for brevity “the Act”) r/w Rules 23 and 29 of the Prevention of Food Adulteration Rules, 1955. 2. Briefly, the facts of the case are that the petitioners are carrying on business in the name and style of “M/s. Sri Sai Durga Kirana and General Stores” at Nagarkurnool Village and Mandal, Mahabubnagar District. On 31.08.2005 the 2nd respondent herein inspected the said shop and found 15 kgs of Redgram dall in an alluminium box apart from other food others. Suspecting that the Redgram dall is adulterated with colour, he took samples of the same and sent to an Analyst. Subsequently, basing on a report of the Analyst that the sample is adulterated, the 2nd respondent filed a complaint against the petitioners before the Judicial Magistrate of First Class, Nagarkurnool, for the offences referred to above, and the same was taken on file as C.C.No.39 of 2008. The same is questioned in this Criminal Petition. 3. Learned counsel for the petitioners-accused has contended that the sample was collected on 31.08.2005 and the report of the Analyst is dated 10.10.2005, whereas notice under Section 13(2) of the Act was served on 01.02.2008. Therefore, the petitioners are deprived of the valuable right under Section 13(2) of the Act. 4. Having considered the said submission, the Criminal Petition is allowed, at the stage of admission, and the proceedings in C.C.No.39 of 2008 on the file of the Judicial Magistrate of First Class, Nagarkurnool, Mahabubnagar District, are hereby quashed. _______________________________ GOPALA KRISHNA TAMADA,J 25th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5642 of 2010 (Allowed) Date:25-06-2010 CBS