C RAMA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners-A-1 and A-2 under Section 482 Cr.P.C., to quash the proceedings in C.C. No. 63 of 2006 on the file of the 1st Metropolitan Magistrate, Hyderabad.

(2.) The Food Inspector filed a complaint alleging that on 12-10-2004 at about 12.30 p.m. he visited the shop of the accused in the presence of mediators and found Greengram dall stock. He purchased 1500 grams of dall and divided the same into three samples. After following the procedure, he sent one sample to the Public analystfor analysis. After analysis, the analyst opined that the sample contains synthetic colour Tartrazine and is therefore, adulterated. After obtaining permission from the Local authority, complaint is lodged on 05-10-2006.

(3.) Learned counsel for the petitioners contended that Section 11 (4) of the Act has been violated because of abnormal delay of two years, that the petitioner could not exercise his valuable right under Section 13(2) of the Act in view of the fact that passage of time will cause further deterioration of the article of food and launching prosecution after lapse of 19 months is abuse of process of Court and hence, he prays to quash the proceedings.