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Judgment
6 paragraphs · 286 wordsLeave granted.
A complaint was filed against the Appellant and others under Section 7(1), 2(1A)(C) and punishable under Section 16(1)(A)(1) of Prevention of Food Adulteration Act, 1954 on the file of Court of the Judicial First Class Magistrate, Kothapet, East Godavari District. The Appellant is a retailer selling Sambar Powder along with other food articles. The allegation in the complaint is that the Sambar Powder contained common salt. On 18.11.2005, the Food Inspector collected samples of the Sambar Powder and sent them to the Public Analyst, Hyderabad. The report of the Public Analyst dated 28.12.2005 showed that common salt was mixed with the Sambar Powder.
On the basis of the report of the Public Analyst, the afore stated complaint was filed on 4.10.2006. A-2 and A-4 in the complaint were the supplier and distributor of the packed Sambar Powder which was sold in the retail shop of the Appellant. The application filed by A-2 and A-4 under Section 482 Cr.P.C. for quashing the complaint was allowed by the High Court on 3.3.2016.
The petition filed by the Appellant under Section 482 Cr.P.C. for quashing the complaint was dismissed by the High Court, the validity of which is challenged in this Appeal.
Taking into account the fact that the High Court has already quashed the proceedings against the distributor A-4, there is no reason for continuance of the prosecution against the Appellant. Without adverting to the other points that are raised in the Appeal, on this short ground alone, we quash the complaint in CC No.324 of 2006 on the file of Court of the Judicial First Class Magistrate, Kothapet, East Godavari District. The judgment of the High Court is set aside.
The appeal is allowed accordingly.