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2006 Supreme(AP) 1356

A.GOPAL REDDY, G.YETHIRAJULU
Handi Instant Foods, Chennai – Appellant
Versus
State Of A. P. – Respondent


O R D E R

(per the Hon’ble Dr.Justice

G. Yethirajulu)

This Criminal Petition has been filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.150 of 2003 on the file of the Judicial Magistrate of First Class, Piler, Chittoor District.

2. The Food Inspector inspected the shop of A-1 and purchased Gulab Jamun Mix sealed packets, which were kept for sale for human consumption. The samples were sent to Public Analyst and the Analyst, after testing the sample, sent a report opining that the same is adulterated. After obtaining consent of the Director of Food and Health, Hyderabad, the complaint was filed against the accused including the manufacturer of the Gulab Jamun Mix packets. A notice under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 (for short ‘the Act’) has been issued to the vendor and the manufacturer. After launching of the prosecution, the manufacturer filed the present Criminal Petition to quash the proceedings under Section 482 of Cr.P.C. on the ground that there was abnormal delay in filing the complaint before the Magistrate after receipt of the Public Analyst Report and he was deprived of an opportunity to send the second sample to the Ce




























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