IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3188 of 2009 MUNNA KUMAR BHAGAT son of Sri Bilas Bhagat, Proprietor of M/s Sujal Traders, Resident of Kali Badi, SDO Road, Khagaria, P.S. Town, District- Khagaria. ...Petitioner Versus THE STATE OF BIHAR … OP ----------- 2/ 29.07.2010 The petitioner seeks quashing of the order dated 6.12.2006 passed by the Sub-Divisional Judicial Magistrate, Khagaria, in Complaint Case No. -4 C4/ 2006, by which he has taken cognizance under section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954. On 17.8.2006, the Food Inspector, Khagaria, took samples of Chilli powder which was being sold by the petitioner. When the same was sent to the Laboratory for testing, it was found insect infested and, therefore, prosecution report was instituted against the petitioner. The argument of the petitioner is that the procedure prescribed under section 13(2) of the Prevention of Food Adulteration Act, 1954, which is mandatory, has not been followed since he has not been given notice to explain the report of laboratory. In my view, no notice was needed in view of the fact situation. In the result, the application is dismissed. JA/- (Anjana Prakash, J.)