HARSH AGARVAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr. P. C. by the petitioner A2 seeking to quash the proceedings against them in CC No. 10 of 2007 on the file of Metropolitan Magistrate, Hyderabad.

(2.) THE petitioner A2 is said to be the Proprietor of Safal Food Products. The brief facts of the case are that on 1. 11. 2004 the food Inspector, Circle-II, Hyderabad visited the premises styled as M/s Hyderabad General and kirana Stores of first accused for inspection and first accused was present at that time and during the investigation, the food Inspector found 12 sealed bottles having label declaration as 'swastik Synthetic vinegar' and Al failed to produce purchase bill and the Food Inspector purchased three sealed bottles duly following the procedure prescribed and sent one of the bottles for analysis on 2. 11. 2004 to the Public Analyst and the Public Analyst in his report dated 8. 12. 2004 opined that the sample does not conform to the prescribed limit of Acetic Acid and is therefore adulterated. On 22. 2. 2007 the Food Inspector received written consent from the Director of Food (Health) Authority for prosecution and subsequently filed a complaint on 2. 8. 2007. The learned Magistrate has taken the same on file as CC No. 10 of 2007 for the offence under Section 2 (ia) (m)read with 7 (i) of Prevention of Food Adulteration Act (For short 'the Act' ). The present application is filed seeking to quash the proceedings against the petitioner A2 in CC No. 10 of 2007.

(3.) ARGUMENTS of the learned counsel for the petitioner and the learned Public Prosecutor for the respondent are heard. Records are perused.