IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5430 of 2008 OM PRAKASH SAH, son of late Hazari Sah (but in the prosecution report it was wrongly written as Sri Amarnath Sah,) resident of Mohalla Ratnopatti, P.S. Darbhanga Town, district Darbhanga----------- ---------------------------------------------------------------------Petitioner. Versus 1. THE STATE OF BIHAR 2. Civil Surgeon cum Chief Medical Officer, Darbhanga---Opp. ------------------------------------------------------------------Parties --------------- 2. 23.3.2009 Heard learned counsel for the petitioner and the State. Toffee from petitioner’s shop was taken for sample and sent to the Combined Food and Drug Laboratory, Agamkuan, Patna-7. Its quality was found standard as required but vegetarian logo was not there on its packets. According to the learned counsel for the petitioner, it is not the hand of the shopkeepers to have or not to have logo on the article rather it is the act of the manufacturers. On the point he referred to a decision of this Court passed in Cr. Misc. no.7533 of 2007 (Abhishek Abhirajan @ Babu Vrs. State of Bihar. I agree with the submission of the learned counsel for the petitioner. Accordingly, this petition is allowed and the order dated 19.10.2005 passed by the Chief Judicial Magistrate, Darbhanga, in G.O. case no.316 of 2005 is quashed. This application is thus disposed of. Sudip ( Mandhata Singh, J )