ORDER :

This petition is filed by the petitioners – A2 and A3 under Section 482 Cr.P.C. for quashing the proceedings against them in CC No.77 of 2006 on the file of the Judicial Magistrate of First Class, Mulugu, Warangal District.

2. The case of the prosecution in brief was that on 25.08.2005 at 4.00 PM, the complainant i.e. Food Inspector, Division-III, Warangal District, along with his attender visited the shop of A1 i.e. M/s.Manikanta Cool Drinks D.No.1-124, Main Road, Mallampally Village & Mandal, Warangal District and purchased six sealed pet bottles of Kinley Club Soda for Rs.36/- and sent three bottles for analysis on 27.08.2005 along with Form – VII. On the basis of label declaration of the manufacturer, notice in Form – VI was sent to A3 -M/s. Hindustan Coca-Cola Beverages (P) Ltd., Moulali, Hyderabad. on 27.08.2005. A2 was the Quality Assuring Manager/ Nominee of A3. The Public Analyst vide report dated 04.10.2005 opined that the contents of the sample did not confirm to the standards of total plate count, Coliform count and contained E-coli, a pathogenic organism which was injurious to health and therefore, adulterated. The Director accorded consent for prosecution on 16.