ORDER :

M. Satyanarayana Murthy, J.

1. This petition under Section 482 of Criminal Procedure Code (for short 'Cr.P.C.') is filed to quash the order dated 31.10.2012, passed in Crl. M.P. No. 1247 of 2012 in CC No. 153 of 2011 by Judicial Magistrate of First Class, Pathapatnam, Srikakulam District.

2. The 2nd respondent/accused in the above calendar case, filed petition under Section 20-A of Prevention of Food Adulteration Act, 1954 (for short 'the Act'), alleging that he is facing charge for the offence under Section 16(1-A)(i) of the Act and it is posted for trial. The basis for charge against this petitioner is lifting samples by the listed Witness No. 1 S. Ghouse Mohiddin, Food Inspector, Division-I, Srikakulam District for analysis and on examination, the analyst opined that the sample was adulterated and thus, committed the offences punishable under Sections 7(1) and 2(i)(a)(j) of the Act read with Rule 29 of P.F.A. Rules, 1955. The petitioner further contended that the commodity lifted for sample by LW 1, S. Ghouse Mohiddin, Food Inspector, Division-I, Srikakulam District is Green Gram Dhall, which is a part of commodity, the petitioner purchased from dealer, M/s. Vusirikala Nata