IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15464 of 2010 RUPAK KUMAR S/O BASANT PRASAD @ BASANT SINGH EARLIER POSTED AS SUPERINTENDENT OF DISTRICT JAIL, BIHARSHARIF, PRESENTLY POSTED AS SHAHID KHUDDIRAM BOS, CENTRAL JAIL, MUZAFFARPUR ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. THE FOOD INSPECTOR, NALANDA AT BIHARSHARIF ……………….Opposite Parties ----------- 2. 03.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 31.07.2009 passed by Ist Additional Sessions Judge, Nalanda at Biharsharif in Cr. Revision No. 158/06 by which he refused to interfere in the order dated 18.3.2006 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Official Complaint Case No. 2 C4/06 by which cognizance has been taken under Section 16 (A) (I) of Prevention of Food Adulteration Act, 1954. The back ground of the case is that the petitioner was the Jail Superintendent of District Jail, Nalanda where a raid was made in the store from where ‘Arhar Dal’ was recovered which was found be adulterated since there was water soluble, synthetic colouring matter present. It has been submitted on behalf of the petitioner that colouring agent is not by itself adulteration and since amount of the same has not been determined in the present case no case of adulteration is made out. Further submission is that an analyst report was not given to the petitioner and, therefore, 13 (2) of the Act has been violated. In view of such, the application is allowed and order dated 31.07.2009 passed by Ist Additional Sessions Judge, Nalanda at Biharsharif in Cr. Revision No. 158/06 is quashed. Fahad. ( Anjana Prakash, J. )