IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18757 of 2010 RAMOTAR SHARMA S/O SRI NARAYAN MAL SHARMA R/O CHANDANI CHOWK, P.O. & P.S.- SAHARSA, DISTRICT- SAHARSA ……………… Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 04.02.2011 Heard the parties. The petitioner seeks quashing of the order dated 25.5.2009 passed in connection with Misc. Case No. 07/2009, by which the S.D.J.M., Saharsa has taken cognizance under Section 16 of the Prevention of Food Adulteration Act, 1954. The prosecution case is that when certain samples from the shop of the petitioner was taken the sample of biscuits was found to be misbranded since it did not conform to the labeling provision. It has been submitted that the petitioner was merely a retailer of the said biscuits and he had adequate receipts to satisfy that in fact he was merely a retailer and, therefore, could not legally be prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. Considering the same, the application is allowed and the order dated 25.5.2009 passed in connection with Misc. Case No. 07/2009, is quashed. Fahad. ( Anjana Prakash, J. )