(1.) This petition is filed under Section 482 of Cr.P.C to quash the proceedings initiated against the petitioners i.e., A.1, A-2 & A-3 in C.C.No.586 of 2000 on the file of the Judicial First Class Magistrate, Madanapalle. The relevant facts, in brief, are as follows:-
(2.) The 1st petitioner is running a kirana Shop. The 2na and 3rd petitioners represent the company which manufacturers pure water. On 4-12-1999, the Food Inspector took the sample of pure water bottles, while the bottles were kept in the shop of the 1st petitioner and sent the same to the analyst, whose report states that the water was adulterated. The Food Inspector received the report dated 24-12-1999 and thereafter, obtained permission to launch the prosecution on 23-5-2000. He filed a complaint against them as A-1 and A.3 on 20-10-2002. Thereafter, a copy of the analyst report was served along with the notice under Section 32 of the Prevention of Food Adulteration Act.
(3.) The learned Magistrate took the case on file as C.C.No.586 of 2000 against the present petitioners for the offence punishable under Sec. 16 (i) (a) (ii), 7 (i) and 2 (ia) (f) of Prevention of Food Adulteration Act, 1954. Aggrieved by the same, the accused Nos.1 to 3 preferred the present application to quash the proceedings on two grounds. (1) By 4-12-1999, the water was not included in the definition of food and that in Section 2 sub-clause (c) of clause (v) of Prevention of Food Adulteration Act, 1954 drugs and water were excluded from the definition of food and that only with effect from 21-2-2001 water is also included in the definition of food and therefore, the Provisions of Food Adulteration Act are not applicable to the facts of this case. (2) Even on the bottle itself it was printed as "Best before May 2000". The analyast gave report on 4-12-1999. The copy of report was not served till the last week of October 2000. Therefore,the accused lost his valuable right of sending sample to the Central Food Laboratory.