RUCHI INFRASTRUCTURE LIMITED Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. seeking to quash the prosecution of the petitioner/A-5 in C.C.No.102 of 2006 on the file of the Judicial Magistrate of First Class, Pathikonda, Kurnool District for the offences under Sections 7 (i) and 2 (ia)(m) read with Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act').

(2.) The case of the second respondent-complainant, the Food Inspector Division-III, Kurnool District, is that on 23.06.2004 at about 01.30 pm, the Food Inspector along with his attender in the presence of mediators inspected M/s.Raghavendra Shethi Kirana Shop, 10/51, Old peta, Pathikonda, Kurnool District and the vendor A-1 was present at the time of inspection and the Food Inspector found about 64 Nos. of Ruchi No.l Vanaspathi sealed in 500 ml. Packets and A-1 stated that they are meant for human consumption and kept for sale and suspecting the same to be adulterated, the Food Inspector purchased sample packets of Ruchi No.1 Vanaspathi after completing the procedural requirements under a panchanama and that on 24.06.2004 the samples were sent to the Public Analyst and that on 19.07.2004 the report of the analyst was received to the effect that the sample does not conform to the standards of Red Units and melting point and is therefore adulterated. Thereafter the complainant obtained permission for prosecution and filed the complaint on 02.05.2006 before the Judicial Magistrate of First Class, Pathikonda, Kurnool District. The learned magistrate has taken the case on file and numbered as C.C.No.102 of 2006. Aggrieved by the same, the accused No.5, who is said to be the manufacturer of Ruchi-1 Vanaspathi, filed the present petition under Section 482 Cr.P.C. seeking to quash prosecution.

(3.) Learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondents are heard. Records are perused.