IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No. 26760 of 2009 (In the matter of an application under Section 482 of the Code of Criminal Procedure) 1. Ram Chandra Agarawal, s/o late Kishen Gopal Agarwal, r/o Mohalla Rangpuri, P.S. Mahipalpur, New Delhi. 2. Laxmikant Mandal, s/o Sri Aghnu Mandal, Resident of Panday Mall, Fraser Road, P.S. Kotwali, Distt. Patna. -------Petitioners. Versus 1. The State Of Bihar 2. The Civil Surgeon-Cum-Chief Medical Officer, Patna. 3. The Food Inspector, Office of the Civil Surgeon- Cum-Chief Medical Officer, Patna. ------Opposite parties. --------- For the Petitioner : None For the State : Mrs. Indu Bala Pandey, A.P.P. -------- P R E S E N T THE HONOURABLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: No one appears on behalf of the petitioners. 2. The petitioners seek quashing of the order dated 23.5.2009 passed by the Sub Divisional Judicial Magistrate, Patna, in case No. 07(M) of 2009 by which it was taken cognizance under Section 16(1)(A) of the Prevention of Food Adulteration Act, 1954. 3. A prosecution report was filed on 23.5.2009 stating therein that the retail shop of M/s. Vishal Retail Ltd. was inspected and a sample of Hakka Veg. Noodles was taken and sent to the Public Analyst. The report of the Analyst was that it was misbranded since logo of vegetable was not fixed at the right place. 4. On going through the petition filed herein, I find that admittedly the packet of Hakka Veg Noodles was in a packed position and the petitioner No. 1 is the Managing Director whereas the petitioner No. 2 is the employee of Vishal Retail Ltd. and they were not the packers or manufacturer and, therefore, could not be prosecuted for misbranding. 5. Considering the said facts, this application is allowed and the order taking cognizance dated 27.5.2009 passed by the Sub Divisional Judicial Magistrate, Patna, in Case No. 07(M) of 2009 is hereby quashed. (Anjana Prakash, J.) Patna High Court, Patna Dated, 28th June, 2011. NAFR/S.ALI.