IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17206 of 2009 1. BINOD PRASAD GUPTA @ BINOD SAH 2. MUNNA SAH, BOTH SONS OF LATE RAMJI SAH, BOTH ARE RESIDENT OF JAI MATA DI SWEETS, BISCOMAUN BHAWAN, WEST GANDHI MAIDAN, P.S. GANDHI MAIDAN, DISTRICT PATNA ….. PETITIONERS Versus STATE OF BIHAR ----------- 3. 20.6.2011 The petitioners seek quashing of the order dated 6.12.2001 passed by the S.D.J.M., Patna, by which it has taken cognizance u/ss.16(I)(a)(i) of the Prevention of Food Adulteration Act, 1954 in connection with Case No.113(M) of 2001. The case of the prosecution is that samples of ‘Peda’ and ‘chhena’ were taken from the petitioners’ shop which on analysis was found to be adulterated since it contained starch. The simple contention raised on behalf of the petitioners that no opportunity was given to the petitioners u/s.13(2) of the Prevention of Food Adulteration Act for getting an independent analysis of the sample and, therefore, the report is vitiated. Considering the said arguments, this application is allowed and the order dated 6.12.2001 passed by the S.D.J.M., Patna in Case No.113(M) of 2001 is quashed. Narendra/ ( Anjana Prakash, J. )