NIMMAGADDA GANGADHARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners seek to invoke the extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to quash the criminal case launched against them in C.C.No.188 of 2002 on the file of the IX Metropolitan Magistrate, Bheemunipatnam.

(2.) The petitioners are A4 and A5 in the said case, filed by the Food Inspector, Visakhapatnam District, on 19-06-2002.

(3.) Briefly stated the facts are that on 18-05-2001 at about 1.10 PM the Food Inspector, Division-I, Visakhapatnam District, visited P.M.P. Stores, situate at MIG-I-518, Main Road, Pothina Mallaiahpalem, accompanied by his attender. A1 was found transacting business at that time. He then called, one, Vaddada Raveendra Kumar, in whose presence he inspected the stores and found four packets of three mangoes, special standard grade cycle brand chilli powder which were kept for sale for human consumption along with other food articles. Each packet contained a label printed thereon with the information as under, "Three mangoes, special standard grade cycle brand chilli powder 100 grams, sealed agmark AP/SCR/GS/2/2001, manufactured by Balaji Traders, Railpet, Duggirala Market by Sri Sai Lakshmi Agencies R.R.V.Puram, Visakhapatnam, Lot No.NIL-Max price Rs.10-00 (inclusive of all taxes). Net weight 100 grams, date of packing 2/2001 expiry date (after nine months)." On enquiry, A1 disclosed that the said chilli powder packets were delivered at the door by R.R.V. Puram person and he had no purchase bill. The Food Inspector purchased three sealed packets by paying its cost of Rs.30-00 to the first accused under a cash receipt. Raveendra Kumar, the mediator, attested it and the Food Inspector served Form VI notice on A1 expressing his intention to send the samples for analysis and obtained an acknowledgment from A1 which was attested by the mediator. The Food Inspector divided the three sealed packets into three parts without meddling its original seals and placed them in a clean, dry and empty plastic jars and sealed the jars in accordance with the procedure laid down in the Prevention of Food Adulteration Rules. A label containing the signature, code number and serial number 139/VSP/DI/02039/2001 of the Local (Health) Authority was pasted on each sample and obtained the signatures of the first accused thereon. A1 disclosed A2 as the proprietrix of the said stores. The Food Inspector then prepared a panchanama in Telugu, read over its contents to A1 and the mediator and A1 after having admitted the contents as true, signed on panchanama. On 19-05-2001, the Food Inspector sent Form VI notice to the manufacturer, Balaji Traders, Railpet, Duggirala, Guntur District, basing on the address found on the label of the packet, by registered post with acknowledgment due. Notice was received under an acknowledgment by A4, the proprietor of Balaji Taders- A5. On the same day, Food Inspector sent one part of the samples along with Form VII in a sealed packet by registered parcel under intimation to the Local (Health) Authority. He then handed over the remaining containers and the two copies of Form VII in sealed packet to Local (Health) Authority, Visakhapatnam. Simultaneously, he sent a copy of memorandum and specimen impression of the seal used to seal the packet separately in a sealed cover to the public analyst. The public analyst, after having analyzed the sample, by his report No.462/2001, dated 18-06-2001, opined that the sample does not conform to the labeling Rule 32 (e) and was, therefore, misbranded. On 25-05-2001, the Food Inspector approached Sri Sai Lakshmi Agencies, R.R.V. Puram, Pendurthi Mandal and ascertained the particulars of A3 by lifting corresponding sample of the said mirchi powder. On 22-06-2001, the Food Inspector addressed a letter to Sri N.Purnachandra Rao, Food Inspector, Guntur, requesting him to ascertain the partnership or nominee of Balaji Traders, Railpet, Duggirala and received information from him in turn by his reply, dated 01-02-2002, that, one, Nimmagadda Gangadhara Rao, A4, is proprietor of Balaji Traders. On 31-08-2001, the Food Inspector sent details of this case to the Food (Health) Authority, A.P. Hyderabad, who, after perusing the details, accorded written consent authorizing him to launch prosecution against the accused. Thus, A1, who was the vendor, A2, the proprietrix of P.M.P. Stores, A3, the supplier, who marketed the product, A4, proprietor of M/s.Balaji Traders, which is A5, are liable for prosecution. Pursuant to the summonses issued, all the accused appeared before the Court. As aforesaid, A4 and A5 filed the instant application.