THUMMALAPUDI VENKATA GOPALA RAO Vs. STATE

JUDGEMENT

(1.) This is a petition filed u/s. 482 of the Code of Criminal Procedure requesting this Court to quash the proceedings initiated against the petitioner and one Puvvada Ramaseshagiri Rao in CC. No. 83 of 1984 on the file of the Judicial Magistrate of the First Class, Gannavaram by the Food Inspector, Machilipatnam, Krishna District.

(2.) The petitioner is the second accused in the calendar case while Mr. Puvvada Ramaseshagiri Rao is the first accused therein.

(3.) The petitioner carries on the business of manufacturing "Sugandhi Supari" with its brand, "Anjali". Supari is sold in retail and retail dealers are appointed by the petitioners. The first accused is one such dealer. On 18-1-1984 at about 5.00 p.m. the Food Inspector, Machilipatnam visited the shop of the first accused situate at Krishnapuram, Vutyuru Taluk and purchased the needed quantity of Supari from his shop for the purpose of analysis after observing the necessary formalities. On analysis of the sample by the public Analyst, Hyderabad, he was of the opinion that the sample was adulterated on account of the presence of saccharin therein. The Food Inspector, thereupon, filed a complaint against both the accused u/Ss. 16(1) and 7(i)(v) read with S. 2(ia) of the Prevention of Food Adulteration Act, herein after referred to as the "Act" and R. 47 of the Rules made thereunder. The complaint having been taken on file by the learned Judicial Magistrate of the First Class, Gannavaram, the above petition was filed for quashing the proceedings initiated against the petitioner.