Telangana High Court
Surya Karriappa Another vs State Of Ap., on 30 June, 2022
Bench: A.Santhosh Reddy
THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
CRL.P.No.13777 OF 2013
ORDER:
This criminal petition is filed under Section 482 Cr.P.C to
quash the proceedings against the petitioners/A-2 and A-3 in
C.C.No.295 of 2007, on the file of learned Judicial Magistrate of
First Class, Shadnagar, Mahabubnagar District by setting aside the
order dated 09.06.2011 in Crl.M.P.No.2724 of 2010 passed the
learned Magistrate, wherein said petition filed by the petitioners/
A-2 and A-3 seeking discharge was dismissed and on revision the
learned Judge, Family Court-cum-VIII-Additional District and
Session Judge, Mahabubnagar by judgment dated 19.07.2013 in
Crl.R.P.No.66 of 2011 confirmed the order passed by the learned
Magistrate.
2. Heard both sides. Perused the record.
3. The Food Inspector, S.S.Gutta, Mahabubnagar filed a
complaint before the learned Magistrate against the petitioners
herein and another for the offences punishable under Sections
16(1)(a) (1) read with Section 2(ia)(b) and Section 7(i)of the
Prevention of Food and Adulteration Act, 1954 against the
petitioners/A-2 and A-3 and A-1.
4. The allegations in the complaint, in brief, are that on
28.01.2006, the Food Inspector visited the shop of A-1 and found
2000 packets (each containing 50 gms of Agni brand tea dust
manufactured by M/s Tata Tea Limited) in carton boxes along with
other food items. The Food Inspector drew samples as per the
procedure prescribed and sent the same to the Public Analyst for
analysis. The Public Analyst in his report opined that the sample
contains 172 ppm of iron filings which is against the prescribed
stands and is thus adulterated. Later, the Food Inspector filed
complaint before the learned Magistrate against the petitioners/A-2
and A-3 and A-1 alleging offences as stated above.
5. The petitioners/A-2 and A-3 filed Crl.M.P.No.2724 of 2010
before the learned Magistrate under Section 245 Cr.P.C seeking to
discharge them from the offences registered against them.
The learned Magistrate vide order dated 09.06.2011 dismissed the
said petition. Aggrieved thereby, the petitioners/A-2 and A-3 filed
Crl.R.P.No.66 of 2011 before the learned Judge, Family Court-
cum-VIII-Additional District and Sessions Judge, Mahabubnagar.
The learned Additional District and Sessions Judge vide judgment
dated 19.07.2013 dismissed the revision petition and confirmed the
order passed by the learned Magistrate. Not satisfied with the
same, the petitioners/A-2 and A-3 preferred the present criminal
petition.
6. The learned Assistant Public Prosecutor submits that as per
the orders dated 02.11.2017 issued by the Food Safety and
Standards Authority of India, the Commissioners of
Food Safety of all the States were directed not to launch for
non-conformance of limit of iron filings for cases where samples
were picked up/tested prior to 19.05.2016 and were advised to
withdraw all such prosecutions launched prior to 19.05.2016 either
under FSS Act, 2006 or PFA Act, 1954. In view of the above, she
submits that the prosecution of petitioners/A-2 and A-3 in the
present case would not survive and prays for passing appropriate
orders.
7. Keeping in view the orders dated 02.11.2017 and letter dated
20.06.2022 addressed by the Food Safety Officer, Mahabubanagar
to the learned Public Prosecutor to withdraw all prosecutions
launched prior to 19.05.2016 either under the FSS Act or PFA Act,
the prosecution of petitioners/A-2 and A-3 does not survive and is
not maintainable.
8. In view of the above, the criminal petition is allowed.
The proceedings in C.C.No.295 of 2005, on the file of the learned
Judicial Magistrate of First Class, Shadnagar, Mahabubnagar
District and the judgment of the learned Judge, Family Court-cum-
VIII-Additional District and Session Judge, Mahabubnagar dated
19.07.2013 passed in Crl.R.P.No.66 of 2011, are hereby quashed.
9. Pending miscellaneous petitions, if any, stand closed.
_______________________
A.SANTHOSH REDDY, J
30.06.2022
Lrkm
