HINDI INSTANT FOODS Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition has been filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.150 of 2003 on the file of the Judicial Magistrate of First Class, Piler, Chittoor District.

(2.) The Food Inspector inspected the shop of A-1 and purchased Gulab Jamun Mix sealed packets, which were kept for sale for human consumption. The samples were sent to Public Analyst and the Analyst, after testing the sample, sent a report opining that the same is adulterated. After obtaining consent of the Director of Food and Health, Hyderabad, the complaint was filed against the accused including the manufacturer of the Gulab Jamun Mix packets. A notice under Section 13 (2) of the Prevention of Food Adulteration Adt, 1954 (for short 'the Act') has been issued to the vendor and the manufacturer. After launching of the prosecution, the manufacturer filed the present Criminal Petition to quash the proceedings under Section 482 of Cr.P.C. on the ground that there was abnormal delay in filing the complaint before the Magistrate after receipt of the Public Analyst Report and he was deprived of an opportunity to send the second sample to the Central Food Laboratory for analysis as provided under the Act.

(3.) The learned counsel for the petitioner relied on a Judgment of this Court in M/s. Handi Instant Foods, Chennai v. State of A.P. (Crl.P.No.2502 of 2C(03, dated 29-03-2006), wherein the prosecution initiated against the manufacturer was quashed by a learned single Judge of this Court on the ground that there was delay in launching the prosecution. The learned single Judge relied on a Judgment of the Supreme Court in Nebh Raj v. The State (Delhi Administration) And anotherAIR 1981 SUPREME COURT 611, wherein the prosecution was directed to be quashed on the ground that the second sample was sent to the Central Food Laboratory three years after it was taken.