IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38050 of 2007 RAJ KISHORE SINGH, Assistant Jailor, Madhubani, P.S. and District Madhubani ...Petitioner Versus 1. THE STATE OF BIHAR & 2. The Civil Surgeon-cum- Chief Medical Officer, Madhubani. …Opposite Parties ----------- 5/ 19.02.2010 Heard counsel for the parties. The petitioner, who was Assistant Jailor in Madhubani Jail, has filed this application for quashing the order dated 14.11.2006 passed by the Chief Judicial Magistrate, Madhubani, in G.O. 146/2006 by which he had taken cognizance for the offence under section 16(1) A (i) and (ii) of the Prevention of Food and Adulteration Act. On 19.10.2006, the Chief Medical Officer, Madhubani, visited the Sub-Divisional Jail, Madhubani, and seized certain food articles including Pulse (Daal), which was sent for test. The report of the laboratory was that the pulse was artificially coloured and, therefore, the same comes within the definition of “adulterated” and the petitioner was proceeded against for having been in possession of adulterated food articles. The submission of the petitioner is that he was posted in the said jail in his official capacity and neither was he manufacturer or the wholesaler or the stockiest of the said article which had been supplied through the procedure established by the government. Under the circumstances, he has prayed for discharge from the liability of the prosecution in the present case. I find substance in the argument of the petitioner and by no stretch of imagination can the petitioner being the Assistant Jailor - 2 - be responsible for having committed any act which would come within the purview of section 16(1) A (i) and (ii) of the Prevention of Food and Adulteration Act. In the result, this application is allowed and the order dated 14.11.2006 passed by the Chief Judicial Magistrate, Madhubani, in G.O. No.146 of 2006 taking cognizance against the petitioner is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)