IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16358 of 2010 AWADH BIHARI LAL, SON OF LATE RAM SARAN PRASAD, RESIDENT OF MOHALLA UPPER PART OF GOL PATHAR MANDIR, P.S. KOTWALI, DISTT. GAYA. ------- PETITIONER Versus THE STATE OF BIHAR ----------- 2. 06.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 22.2.2010 passed by Sub Divisional Judicial Magistrate, Gaya, in G.O. Case No. 02 of 2010 by which cognizance has been taken under Section 16(a)(1) of he Prevention of Food Adulteration Act. The prosecution case is that the petitioner is the shopkeeper from whose premises Ghee had been taken by the Informant for testing. When the same was tested, the Analyst reported that it did not conform to the prescribed standard of purity laid down under the Prevention of Food Adulteration Act, 1955 and, therefore, it was adulterated. The learned counsel for the petitioner submits that no where does the analysis report say that it was unfit for human consumption and, therefore, merely stating that the same was adulterated and did not conform to the rules does not per se make it unfit for human consumption. Under the circumstances, there is no justification for proceeding with the prosecution. Considering the same, this application is allowed and 2 the order dated 22.2.2010 passed in G.O. Case No. 02 of 2010, Tr. No. 1682 of 2010 by Sub Divisional Judicial Magistrate, Gaya, is quashed. S.Ali ( Anjana Prakash, J.)