IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31108 of 2008 Bengali Gautam, son of Sri Narain Gautan, Mohalla Mithapur, PS Jakkanpur, Dist. Patna – Petitioner. Vs. 1) The State of Bihar, 2) Sri S.P. Singh, Food Inspector, Aurangabad, Department, Patna. 3) Dr. C.B.P. Singh, Civil Surgeon cum Chief Medical Officer, Patna – Opp. Parties. 2 28.6.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order, dated 13.3.2006 passed by the Subdivisional Judicial Magistrate, Patna in Complaint Case No. 35(M)/2006 instituted by the Food Inspector, Aurangabad, Patna. The allegation against the petitioner is that the seized articles which is Century Iodized Salt was misbranded, by printing “best before use” in small letters which would be apparent from the report of the analyst contained in Annexure 2. In the FIR the company has been mentioned as accused no.1. The petitioner has a retailer shop and had purchased the said goods from whole sale dealer, who in turn had purchased the items from the company. Section 2(ix) of the Prevention of Food Adulteration Act deals with misbranding of an article of food which envisages that certain facts regarding the food items should be labeled so as to indicate their true character. Rule 32(i) deals with the manner in which the company is required to put the label on the printed item. As far as this petitioner is concerned, he was not responsible for the packaging or labeling or the contents of the 2 articles sold by him and as such it cannot be said he would come within the purview of section 16(1)(a) of the aforesaid Act. I accordingly quash the impugned order and this application is allowed. haque ( Sheema Ali Khan, J.)