Allowed

Duggisetty Kondaiah, v. The State of Andhra Pradesh

Telangana HC3 Sept 2009CRLP/6951/2009

Case brief

AI extract

What is this about?

In this criminal petition, the High Court quashed proceedings under the Prevention of Food Adulteration Act, 1954, where substantial delay occurred, causing the accused to lose the statutory right to a second sample analysis by the Central Food Laboratory. Relying on Section 13(2) and a prior High Court decision, the Court deemed further prosecution futile.

What did the court decide?

Quashing of further proceedings in C.C. No.440 of 2008 against the petitioners.

Duggisetty Kondaiah, Vs The State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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FRIDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE

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HON’BLE SRI JUSTICE G. BHAVANI PRASAD

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Criminal Petition No.6951 of 2009

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Between:

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Duggisetty Kondaiah .. Petitioner

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AND

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State of A.P. represented by Public Prosecutor, High Court of A.P., Hyderabad and another .. Respondents

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Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash all further proceedings in C.C. No.440 of 2008 on the file of the Additional Judicial Magistrate of First Class, Gudur, Nellore District.

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The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Ch. Dhanamjaya, Advocate for the petitioners and of the Public Prosecutor for the 1^st respondent,

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the Court made the following:

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HON’BLE SRI JUSTICE G. BHAVANI PRASAD

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Criminal Petition No.6951 of 2009

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ORDER:

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The petitioners are facing prosecution in C.C. No.440 of 2008 on the file of the Additional Judicial Magistrate of First Class, Gudur, Nellore District under the Prevention of Food Adulteration Act, 1954. The Food Inspector inspected the premises of the 1^st petitioner on 07-02-2006 and lifted samples of Boost malt based food. The Public Analyst to whom the sample was sent for analysis, opined the same to be adulterated in his report, dated 0903-2006, on which written consent from the Food Health Authority was obtained on

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13-03-2007, corrected on 12-12-2007, after which the complaint was filed into Court.

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The petitioners contend that there was a delay of more than 24 months in filing the complaint after taking the samples and the article of food manufactured in October, 2005 had a shelf life of only 12 months. Therefore, the right of the petitioners to have the second sample analysed by the Central Food Laboratory is lost.

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The petitioners base their claim for quashing the proceedings on the earlier decision of this Court in Criminal Petition No.1317 of 2008, dated 20-07-2009, which was rendered with reference to the decisions of the Apex Court and this Court on the aspect. The denial of the valuable right of the accused under Section 13 (2) of the Prevention of Food Adulteration Act was uniformly opined to be making further prosecution an exercise in futility. On the admitted facts, the petitioners are, hence, entitled to succeed.

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Therefore, the further proceedings in C.C. No.440 of 2008 on the file of the Additional Judicial Magistrate of First Class, Gudur, Nellore District against the petitioners are quashed and the criminal petition is allowed.

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____________________ G. BHAVANI PRASAD, J

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Date: 03-09-2009 Svv

Duggisetty Kondaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Duggisetty Kondaiah, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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