SHRAVAN KUMAR AGARWAL Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Aadesh Varma, learned counsel for the petitioner, and Sri H. Prahalad Reddy, learned Additional Public Prosecutor, who entered appearance for the sole respondent.

(2.) The petitioner is the second accused in C.C.No.876 of 2005 on the file of the Additional Judicial First Class Magistrate, Nizamabad, facing prosecution under the Prevention of Food Adulteration Act in consequence of a visit by the Food Inspector on 26.8.2003 to the shop of the first accused and lifting of samples of'Amulya Pine Apple Cream Biscuits'. The samples were sent for analysis to the public analyst an the public analyst in his report dated 7.10.2003 opined that the sample does not conform to the standards and therefore found the same to be adulterated. The consent of the Food Health Authority was obtained on 19.8.2004 and the complaint was filed into the Court on 24.8.2005.

(3.) The grievance of the petitioner is that the delay of about two years between lifting of the samples and filing of the complaint made him lose the valuable right for re- analysis of the sample by the Central Food Laboratory under Section 13(2) of the Prevention of Food Adulteration Act. He, therefore, sought for quashing of proceedings against him.