IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2572 OF 2009 Between: Vallure Dhananjaya Reddy and another .....PETITIONERS AND The State of Andhra Pradesh ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2572 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is filed to quash the proceedings against the petitioners/A1 and A2 in C.C.No.106 of 2009 on the file of IV Additional Judicial Magistrate of First Class, Nellore. 2. The allegation against the petitioners are that on 06.05.2008, when the Food Inspector along with his attender and mediator visited the Ice factory of the accused for inspection, they found Ice blocks and ascertained from A1 that the ice blocks were prepared with bore well water and kept for sale. Suspecting that the Ice blocks were adulterated, the Food Inspector purchased 1500 grams of Ice from one of the ice blocks, divided it into three parts and sent one sample to the Public Analyst for analysis. The Public Analyst, after analysis, opined that the sample contained Staphylococcus aureus, which is a pathogen and therefore, the Ice is adulterated. After obtaining the written consent from the Food (Health) Authority, complaint was lodged against the accused for the offences under Sections 7 (i) and 2 (ia) (h) punishable under Section 16 (1A) (i) of the Prevention of Food Adulteration Act, 1954 (for short, “the Act”). 3. Learned counsel for the petitioners contended that Ice is not an article of food within the meaning of Section 2 (v) of the Act, that in view of a decision of the Madhya Pradesh High Court in Udhabdas v. State of M.P.[1], water is not an article of food and therefore, continuation of proceedings against the petitioners is nothing but abuse of process of Court and hence, he prays to quash the proceedings. 4. Learned counsel for the respondent contended that the allegations in the charge sheet made out a prima facie case of the offences alleged and hence, there are no grounds to quash the proceedings. 5. There cannot be any dispute that Ice is a solid form of water and even water is not an article of food under Section 2 (v) of the Act. In Udhabdas’s Case (supra), relied upon by the counsel for the petitioners, it is held thus: “In the matter of construction of penal statutes, it is settled rule that if there is a reasonable interpretation which will avoid the penalty in a particular case, we must adopt that construction. If two possible and reasonable constructions can be put upon a penal provision, the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes penalty. In the instant case therefore, even if the expression ‘Water’ used in Clause V of S.2 of the Act admits more than one construction as to the inclusion of the Ice in it, the construction which is favorable to the accused- person should be accepted and it must be held that Ice is water and is excluded from the meaning of food for the purpose of the Act.” So, in view of the above decision, it is clear that Ice, which is a solid form of water, is not an article of food, within the meaning of Section 2 (v) of the Act. Even in the panchnama, it is clearly stated that the Ice is used for storing fish and prawns. So, that itself shows that the Ice blocks are not meant for human consumption. Therefore, when the prima facie case is not made out, continuation of proceedings against the petitioners is nothing but abuse of process of Court. 6. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioners/A1 and A2 in C.C.No.106 of 2009 on the file of IV Additional Judicial Magistrate of First Class, Nellore. _______________ K.C. BHANU, J August 20, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2572 OF 2009 August 20, 2010 [1] 1999 CRI.L.J. 228