Criminal Appeal No. 10379 of 2009 · Andhra Pradesh High Court

First Class Magistrate at Warangal. The brief facts of the case are that on 29.02.2008 at about 12 Noon the Food Inspector, Division-II of Warangal District, visited the premises of the second petitioner i.e., M/s.Heena Spices Private Limited and purchased 600 grams of Coriander power, turmeric powder and Chilli powder and also dry chillis for the purpose of analysis and sent the same to Public Analyst, who in turn gave report that the dry chilli does not confirm to the standard of broken fruits, seeds and fragments and the same is adulterated. Hence, the complaint. The main contention of learned counsel appearing for the petitioners is that the first petitioner is not actually doing chillis business and that he is manufacturer of various products like chilli, coriander and turmeric powders. He also contends that even by accepting the case of the prosecution that the dry chillis are not upto to the standard, the first petitioner cannot be prosecuted because the said dry chilllis are not intended for sale in the market. Heard. Perused the records and also the licence produced by the petitioner herein. As per the provisions of Section 7 (i) 2 (ia) (m) of Food Adulteration Act, 1954, when the dry chillis are not in accordance with the standard prescribed thereunder, the trader is liable to be prosecuted under the provisions of the Food Adulteration Act. But the entire record clearly reveals the petitioner was possession of dry chillis only with an intention to prepare chilli powder. The standard for chilli powder is different from the standards for the dry chilli. When it is not the intention of the petitioner herein to sell the dry chillis in the market, the provisions of Section 7 (i) 2 (ia)(m) of Food Adulteration of Act does not attract in this case. It is also evident from the records and even as per the complaint filed by the respondent that the first petitioner is running a factory for preparation of spice powders. Hence, this Court is of the opinion that the proceedings against the petitioners in C.C.No.781 of 2008 are liable to be quashed. In the result, the criminal petition is allowed by quashing the proceedings in C.C.No.781 of 2008 on the file of the III Additional Judicial First Class Magistrate, Warangal. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO,J Dated: 1-11-2012