Andhra Pradesh High Court - Amravati
M/S. Holista Transzworld Ltd., Chennai ... vs State Of Ap., Rep Pp. Hyd., on 15 February, 2024
Author: K Suresh Reddy
Bench: K Suresh Reddy
[ 3239 ]
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
THURSDAY, THE FIFTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
CRIMINAL PETITION NO: 15341 OF 2014
Between:
1. M/S. HOLISTA TRANSZWORLD LTD., CHENNAI & ANR.,, ISO 9001-2008 Company,
6/18, Casablanca, Casa Major Road, Egmore, Chennai - 600 008.
2. Mr. Ramachandra Murthy V.A., S/o. V.B.R. Murthy, Nominee and Sales
Administration, M/s. Holista Transzworld Ltd., ISO 9001-2008 Company, 6/18,
Casablanca, Casa Major Road, Egmore, Chennai - 600 008.
...PETITIONER/ACCUSED(S)
AND
1. STATE OF AP REP PP HYD, Rep. by its Public Prosecutor through Food Inspector,
Division - II, Anantapur High Court of Judicature at Hyderabad.
...RESPONDENT/COMPLAINANTS
Petition under Section 437/438/439/482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the High
Court to call for the records relating to CC.No. 274 of 2011 on the file of the Court of
the II Addl. J.F.C.M. Ongole, Prakasam District and quash the proceedings therein.
I.A. NO: 1 OF 2023
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the Memorandum of Grounds of Criminal Petition,the High Court may be pleased
Pleased to permit to file the afore mentioned additional grounds in CRLP No. 15341 of
2014 and to pass
I.A. NO: 1 OF 2018
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to
extend the interim order dated 16-12-2014 passed in IA.No. 1 of 2014 (Crl.P.MP.No.
16339 of 2014) in Crl.P.No. 15341 of 2014, pending disposal of quash petition and to
pass
I.A. NO: 1 OF 2014(CRLPMP. NO: 16339 OF 2014)
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to
stay all further proceedings including appearance of the petitioners in CC.No. 274 of
2011 on the file of the Court of the II Addl. J.F.C.M., Ongole, Prakasam District
This Petition coming on for hearing,upon perusing the Memorandum of Grounds
of Criminal Petition and upon hearing the arguments of Sri RAMALAKSHMANA REDDY
SANEPALLI ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf
of the Respondent No. and of Sri_Advocate for the Respondent No.
The Court made the following:
HON'BLE SRI JUSTICE K SURESH REDDY
CRIMINAL PETITION No.15341 of 2014
ORDER:
Accused Nos.4 and 3 in CC No.274 of 2011 on the file of the Court of the II Additional Judicial Magistrate of First Class, Ongole, Prakasam District, filed the present application under Section 482 Cr.P.C. seeking to quash the proceedings against them. The said case was registered for the offence under Section 7(i), 2(ia)(m) of the Prevention of Food Adulteration Act, 1954.
2. Heard Smt. Ishwarya Nagula, learned counsel, representing Sri Ram Lakshman Reddy, learned counsel for the petitioners and Sri P.Mithileswar Reddy, learned Assistant Public Prosecutor for the respondent-State.
3. Case of the prosecution is that, on 07.05.2010, the de-facto complainant/Food Inspector, inspected the shop of Accused No.1. During the course of investigation, he found Arogya Agmark Turmeric Powder packets, each 100 grams in a corrugated box along with other food articles kept for sale for human consumption. Each sample packet is having label declaration. Suspecting that the said turmeric powder is adulterated, he purchased nine packets of turmeric powder by paying cash of Rs.180/- and obtained cash receipt from A.1. He served form VI notice disclosing his intention to take the sample for analysis under acknowledgment. He divided the said packets into three parts i.e., each part is having 3 packets and kept each part in a clean dry and empty plastic containers and ONG closed the mouths with lid and tied with twine and affixed a label. A.1 disclosed that he purchased the said turmeric powder packets from M/s Sri Dhanalakshmi Agencies, Ongole vide Bill No.29/42, dated 26.03.2010 and furnished the copy of the said bill to the Food Inspector. Accused No.2 is the proprietor of the said agencies. Accused No.4 is the manufacturer of the said turmeric powder and Accused No.3 is the nominee of A.4. He sent one part of the sample in Form VII to the Public Analyst, Hyderabad and the remaining two sample parts along with the memorandum were handed over to the Local (Health) Authority, Ongole in a sealed box. On 20.04.2010, the Food Inspector served copy of the Form VI notice along with the covering letter to A.2, who disclosed that he purchased the same from A.4 Company, who nominated A.3 as its in-charge. On 26.05.2010, LW.1 received analyst report with a covering letter dated 18.05.2010 through Local (Health) Authority. In the report, the Public Analyst opined that the sample contains rice starch. Subsequently, sanctions were issued in Rc.No.7163/F3/2010 dated 22.01.2011 from the Director, IPM and Food (Health) Authority, Hyderabad to prosecute all the four accused under the provisions of the Act.
4.Smt. Ishwarya Nagula, learned counsel for the petitioners strenuously contends that no notice was issued to the petitioners as required under Section 13(2) of the Act and as such, the petitioners were deprived of their valuable right in getting the second test by the Central Food Laboratory. She further contends that in view of the violation of Section 13(2) of the Act, as the petitioners lost their valuable right, she requested this Court to quash the proceedings against the petitioners/A.4 & A.3 are concerned.
5. On the other hand, learned Assistant Public Prosecutor, on instructions, confirms the non compliance of the provisions of Section 13(2) of the Act by the Food Inspector.
6. In view of the above facts and circumstances, as there was clear violation of Section 13(2) of the Act, the proceedings initiated against the petitioners herein, are hereby quashed.
7. The Criminal petition is allowed accordingly.
Miscellaneous petitions if any, pending in this contempt case, shall stand closed.
_______________________ Justice K. SURESH REDDY Date: 15.02.2024 BSS HON'BLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION No.15341 of 2014 82 Date: 15.02.2024 BSS