IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11899 of 2010 GAUTAM KUMAR son of Krishna Prasad Choudhary, resident of village- Sonvarsha Raj, Police Station- Sonvarsha Raj, District- Saharsa ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Mr. Arjun Prasad, Food Inspector, Saharsa, P.S. & District- Saharsa …Opposite Parties ----------- 2/ 09.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 17.07.2008 passed by the Sub-Divisional Judicial Magistrate, Saharsa, in Misc. Case No.02 of 2008, by which he has taken cognizance under section 32 of the Prevention of Food Adulteration Act, 1955, and Section 7 and Rule 51 of Prevention of Food Adulteration Act, 1954. The prosecution case is that the petitioner was a retail vendor and from his shop a packet of biscuit on which two dates of manufacturing were printed was recovered. Further, the petitioner was running the shop without any licence. It is submitted by the petitioner that, in fact, the licence of the petitioner had expired but he had given application for renewal of the licence of the shop. Further submission is that since he was not the producer of the biscuit, he should not be held liable under section 32 of the Prevention of Food Adulteration Act. In view of such, this application is allowed the order dated 17.07.2008 passed by the Sub-Divisional Judicial Magistrate, Saharsa, in Misc. Case No.02 of 2008, is hereby quashed. JA/- (Anjana Prakash, J.)