IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15527 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 9.12.2009 passed by learned 3rd Additional District Judge, Nalanda at Biharsharif in Cr. Revision No. 135/06 by which he has refused to interfere in the order of cognizance dated 18.3.2006 passed by learned Chief Judicial Magistrate, Nalanda at Biharsharif in Official Complaint Case No. 3 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 being the Superintendent of District Jail, Biharsharif had stored whole turmeric which was suspected to be adulterated and on an analysis the same was found to be coated with led-chromate which was injurious to health. The learned counsel for the petitioner submits that since the petitioner was neither the manufacturer nor the seller of the goods in question, therefore he should not be prosecuted. Also since the analyst report was not handed over the petitioner in violation of Section 13 (2) of Prevention of Food Adulteration Act, the prosecution is bad. Considering that the petitioner was the jail Superintendent and it was he alone who was responsible to ensure that proper food was given to the jail inmates the quality on which was to be above doubt, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )