IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION NO: 13859 OF 2015 Between: Waseem Jamadar, Nominee M/s.K.Ram Mohan Rao & Co, Dhanekula Estate, Ganguru Village, Vijayawada - 521 139, Krishna District, now residing at B.D.Sawanth MarG, Chakala, Andheri East, Mumbai - 400099. ...PETITIONER/ACCUSED-3 AND The State of Andhra Pradesh, Represented by the Food Safety Officer, 0/o.The Gazetted Food Inspector, Ram Nagar Colony, Chittoor District. ...RESPONDENT/COMPLAINANT Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition; the High Court may be pleased to quash the STC No.258 of 2014 on tho file of the IV Judicial First Class Magistrate, Chittoor, Chittoor District against the petitioner herein/accused No.3. I.A. NO: 1 OF 2015fCRLPMP. NO: 13755 OF 20151 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Miscellaneous Petition, the High Court may be pleased may be pleased to stay all further proceedings against accused-3/the petitioner herein, including his appearance, in STC No.258 of 2014, on the file of the IV Judicial First Class Magistrate, Chittoor, Chittoor District pending disposal of the Criminal Petition. as r This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Leo Raj, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent The Court made the following ORDER : I APHC010234902015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 13859/2015 Between: I ...PETITIONER/ACCUSED Waseem Jamadar, Nominee M/s K.Ram Mohan Rao & Co., Krishna Dist. AND ...RESPONDENT/COMPLAINANT The State of Andhra Pradesh, Rep. by the Food Safety Officer, Chittoor District Counsel for the Petitioner/accused: 1.LEO RAJ Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: A.3 in S.T.C. No.258/2014 on the file of learned IV Judicial First Class Magistrate, Chittoor, filed the present Criminal Petition under Section 482 Cr.P.C. seeking to quash the proceedings so far as he is concerned. The above proceedings were initiated by the Food Safety Officer, 2. Chittoor District, who was appointed under Section 37 of the Food Safety and Standards Act, 2006. The allegation made in the said complaint was that on 2 27.07.2013 at about 11.40 A.M., he visited M/s. Sri Bhagyalakshmi Agencies situated at D.No.10-887, Seshapeeran Street, Chittoor for inspection. At the time of inspection, A.1 was present and transacting business. The complainant secured the presence of mediators. On inspection, A.1 stated that stock of Kissan Mixed Fruit Jam sealed bottles 24 kept for sale for human consumption. It is having the following label declaration: Kissan Mixed Fruit Jam Net 500 grams, M.R.P. Rs.No.99.00 Mfg. 29.06.13, B.No.RAZB 3/09, Marketed by Hindustan Unilever Ltd. Best before twelve months from packing Mfg by M/s. Hindustan Unilever Ltd. Plot No.AB/9, MIDC Malaganon Sinner Nasik Maharashtra - 4220103 On suspicion, he purchased 4 sealed bottles each 500 grams by paying an amount of Rs.360/- to A.1 and obtained cash receipt, which was attested by the mediators. He issued notice in Form V A to A.1 informing him that the above purchased Kissan Mixed Fruit Jam will be sent to the Food Analyst, State Food Laboratory, Hyderabad for the purpose of analysis and obtained acknowledgment on the office copy of the notice. Thereafter, he divided the above sample bottles into four equal parts and they placed in four separate clean, dry and empty sterile plastic containers and closed tightly with caps and tied with twine thread and sealed with sealing wax, and obtained signatures of A.1 and mediators and thereafter, he sent samples to the Food Analyst, who analyzed the sample and gave his rep&rt stating that "the sample does not conform to the Standard of Preservatives. Therefore, it is Substandard'. 3 Thereafter, as the complainant lifted the samples in sealed condition, he included the manufacturer also as 5^^ Accused. The manufacturer - A.5 furnished the particulars of nominee, who is shown as A.4. As such, the complaint is filed against A.1 to A.5. Learned counsel for the petitioner contends that so far as A.3, who is the petitioner herein is concerned, he has nothing to do with the manufacturing unit. The company issued Form IX informing complainant I stating that A.4 is the nominee of A.5 company. He also filed a Memo dated 21.02.2024 before this Court furnishing Form IX - Nomination of persons by a company, which is mandatory under Rule 2.5.1 of the Food Safety and Standards Rules, 2011. The same is placed on record. So far as the petitioner herein / A.3 is concerned, he has nothing to do with the manufacturing unit. In fact, A.4 filed an undertaking before the concerned Authority dated 10.10.2013 stating that he is the Manager of the factory situated at Hindustan Unilever Limited Factory at Rajpura, Punjab. A.4 has also filed an affidavit stating that the sample was manufactured at Hindustan Unilever Limited Factory at Rajpura, Punjab. He also confirms that he is the Manager of the said Factory. As such, he is prepared to face trial before the trial Court. 3. f I I Recording the aforesaid submission, as the petitioner / A.3 has nothing to do with the manufacturing factory at Rajpura, Punjab, the proceedings initiated against him is nothing but abuse of process of law. 4. 4 In view of the above facts and circumstances, this Criminal Petition allowed and the proceedings initiated, in so far as A.3 is concerned, i;- S.T.C.No.258/2014 on the file of learned IV Judicial First Class Magistrate, Chittoor, are hereby quashed, against the company i.e., A.5 and its nominee A.4. 5. IS in \ The complainant is at liberty to proceed As a sequel, interlocutory applications pending, if any, shall also stand closed. SOI- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Judicial First Class Magistrate, Chittoor, Chittoor District 2. One CC to Sri Leo Raj Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 4. Three CD Copies BSV at TAC \ HIGH COURT \ DATED:10/01/2025 ORDER CRLP.No.13859 of 2015 lA X 10 FEB 2025 g & Current Section ^ ALLOWING THE CRIMINAL PETITION