- (1.) Common questions arise for consideration m Criminal Petition Nos.4325 of 2003, 3701 of 2004, 3856 of 2005 and 1007 of 2003, as to whether delay, in furnishing a copy of the analyst's report beyond the "Best Before" date or the expiry date of the shelf life of the product, could, by itself, be said to have resulted in the accused being denied the opportunity of sending the sample for analysis to the Central Food/Seeds Laboratory, and in their suffering prejudice thereby. While Criminal Petition No.4325 of 2003 and Criminal Petition No. 1007 of 200? arise under the Prevention of Food Adulteration Act, Criminal Petition No.3701 of 2004 and Criminal Petition No.3856 of 2005 arise under the Seeds Act. Criminal Petition No.4325 of .2003:
(2.) This petition is filed to have the proceedings in C.C. No.213 of 2003, on the file of the Judicial First Class Magistrate, Jangaon, quashed.
(3.) Allegations in the complaint, are that the Food Inspector took samples of Lehar 7-Up, Lehar Corbonated Water and Pepsi Cola Beverages from M/s Sony Agencies, for analysis. A-l is the proprietor of M/s Sony Agencies who sold the sample of Lehar 7-Up, Lehar Corbonated Water and Pepsi Cola Beverages. A-2 is M/s Hyderabd Beverages Private I imited who supplied Lehar 7-Up, Lehar Corbonated Water to A-l under invoice 008 dated 19-4-2001 and 024 dated 30-4-2001. On an inspection conducted on 2-5-2001 five cases, each containing 24 boltles of 300 ml Lehar 7-Up manufactured on 30-4-2001 and 'best used within 6 months from the date of manufacture', were found. The Food Inspector purchased three sealed bottles of Lehar 7 Up and Lehar Corbonated Water and Pepsi Cola and sent the sample for analysis on 2-5-2001. Notice in Form VII was issued to A-2. The Public Analyst, in his report submitted in Form III on 6-6-2001, opined that the sample did not conform to the standards of total plate count and was therefore adulterated. With regards Lehar Corbonated Water the Public Analyst, in his report dated 7-2-2001, opined that the sample did not conform to the standards of total plate count, that e-coli and yeast was present and the food product was therefore adulterated. Sanction for prosecution was sought on 3-8-2001 and was accorded on 7-10-2001. The complaint was filed on 22-4-2003.;