RADHESHYAM LOHIYA Vs. STATE OF A P

JUDGEMENT

(1.) THIS petition is filed under section 482 Cr. P. C. by the petitioners-A2 and A3 seeking to quash the proceedings against them in CC No. 174 of 2005 on the file of the Judicial Magistrate of First Class, nagarkurnool.

(2.) THE first petititioner-A. 2 is said to be the Managing Director of 2nd petitioner-A. 3 company. The brief facts of the case are that on 18. 7. 2001 the Food Inspector visited the Kirana shop of first accused for inspection and first accused was present at that time and during the investigation, the inspector found 20 packets of Gold Drop vanaspasti Lohiya Brand each containing 500 ML and A. 1 failed to produce purchase bill and the packet containing the label of M/s Lohiya Vanaspathi Pvt. Ltd. and the Food Inspector purchased three sample packets duly following the procedure prescribed and sent one of the packets for analysis on 19. 7. 2001 to the Public Analyst and the Public Analyst in his report dated 24. 8. 2001 opined that the sample does not conform to red units in respect of sesame oil and is therefore adulterated. On 21. 8. 2002 the Food Inspector received written consent from the Director of Food (Health) Authority for prosecution and subsequently filed a complaint on 27. 8. 2003. The learned Magistrate has taken the same on file as CC No. 174 of 2005 for the offence under Sections 7 (i) and 2 (ia) (m)read with Section 16 (l) (a) (i) of Prevention of Food Adulteration Act (For short 'the act' ). The present application is filed seeking to quash the proceedings against the petitioners-A. 2 and A. 3 in CC No. 174 of 2005.

(3.) ARGUMENTS of the learned Counsel for the petitioners and the learned Public prosecutor for the respondents are heard. Records are perused.