REDDY SHETTY SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Petition is filed to quash the proceedings in C. C. No. 318 of 2003 on the file of the Judicial first Class Magistrate, Kamareddy, Nizamabad District.

(2.) THE case in brief is that on 23. 9. 2001, at about 12. 35 P. M. , the food Inspector, Division-II, Nizamabad District, visited one Kirana shop belonging to the petitioner A1, and on suspicion, collected the sample of vanaspati. After following the procedure for collection of sample, the food Inspector sent one sample to the Analyst, who, by his report, dated 3. 11. 2001, opined that the Vanaspati was adulterated. The Food Inspector received the report on 5. 11. 2001, and after obtaining necessary sanction prosecution was launched on 22. 7. 2002. Thereafter, notice as provided under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 (for brevity "the Act") was served on the petitioner.

(3.) ACCORDING to the learned Counsel for the petitioner, the sample was collected on 23. 9. 2001 whereas notice under Section 13 (2) of the Act was served on 5. 8. 2002 i. e. after about 11 months. Even if the petitioner requests the Court to send the second sample to the Central Food Laboratory, no purpose would be served as the said sample lost its validity.