IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12103 of 2010 DILIP KUMAR GUPTA, S/o Late Badari Prasad Gupta, R/o Village-Patori, Panchgachhiya, P.S.-Bihra, District-Saharsa. Versus 1. THE STATE OF BIHAR. 2. J. Prasad, Food Inspector, Saharsa, P.S. & District-Saharsa. ----------- 02. 09.12.2010 The petitioner has sought quashing of the order dated 05.01.2009 passed by Sub-Divisional Judicial Magistrate, Saharsa in Miscellaneous Case No. 02 of 2009 by which he has taken cognizance under Section 16 of the Prevention of Food Adulteration Act. The facts of the case is that some Arhar Dal was seized from the shop of the petitioner and sent for testing as to whether it is adulterated. As per the test report it was found that it was coloured. The petitioner submits that it being coloured would not bring the case under the term adulterated and, therefore, no offence whatsoever is made out against the petitioner. Considering the same, this application is allowed and the order dated 05.01.2009 passed by Sub-Divisional Judicial Magistrate, Saharsa in Miscellaneous Case No. 02 of 2009 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)