THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2691 of 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.263 of 2008 on the file of the Additional Judicial Magistrate of First Class, Adoni, Kurnool district. 2. The second respondent herein filed a complaint against the petitioner/accused for the offences under Sections 7(i) 2 (ia) (c) and 2(ia) (m) punishable under Sections 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short ‘the P.F.A.Act’) for alleged violation of chilli powder. 3. The learned counsel for the petitioner contended that the mandatory provision under Section 13(2) of the P.F.A. Act has not been complied thereby depriving the valuable right of the accused to make a request to the concerned Magistrate to send the second sample to the Director of Central Food Laboratory, and hence, continuation of the impugned proceedings is nothing but abuse of process of court. 4. On the other hand, the learned counsel representing the Public Prosecutor opposed the same on the ground that all the provisions have been complied with. 5. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. 6. Perused the complaint. There is no allegation in the complaint to the effect that on what date notice under Section 13(2) of the P.F.A. Act was issued to the accused calling upon him to exercise his right to send the second sample to the Director of Central Food Laboratory for analysis. There cannot be any dispute that report that may be given by the Director of Central Food Laboratory supersedes the report of the State Public Analyst. There cannot be any dispute that Section 13(2) of the P.F.A. Act is a mandatory provision of law. But, the same has not been complied with thereby depriving the accused of his valuable right conferred on him under the Act. Hence, continuation of the impugned proceedings is nothing but abuse of process of court. 7. The Criminal Petition is, accordingly, allowed, quashing the proceedings in C.C. No.263 of 2008 on the file of the Additional Judicial Magistrate of First Class, Adoni, Kurnool district. ----------------------- (K.C.Bhanu, J.) 12.08.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2691 of 2009 Date: 11.8.2010 Between: Surali Mohammad Ismail …Petitioner And State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2691 of 2009 11.8.2010