IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15471 of 2010 RUPAK KUMAR S/O BASANT PRASAD @ BASANT SINGH EARLIER POSTED AS SUPERINTENDENT OF DISTRICT JAIL, BIHARSHARIF, PRESENTLY POSTED AS SHAHID KHUDDIRAM BOSE, CENTRAL JAIL, MUZAFFARPUR ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. THE FOOD INSPECTOR, NALANDA AT BIHARSHARIF ……………….Opposite Parties ------------------ 2. 03.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 21.4.2009 passed by Ist Additional Sessions Judge, Nalanda (Biharsharif) in Cr. Revision No. 133/06 by which he has refused to interfere in the order of cognizance dated 18.3.2006 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Official Complaint Case No. 1 C4/06 by which cognizance has been taken under Section 16 (A) (I) of Prevention of Food Adulteration Act, 1954. The petitioner happened to be the Superintendent of District Jail, at Biharsharif where the store of the same were inspected and rice allegedly adulterated was found. When the same was sent for chemical analysis it was found to be not in conformity with the prescribed standard of purity laid down under P.F.A. Rule, 1955, since it contained foreign matters in plenty. The learned counsel for the petitioner submits that he was neither a seller of the grains nor the manufacturer, hence he should not be prosecuted. Further submission is that since the analyst report was not given to the petitioner it violates Section 13 (2) of the Act and, therefore the prosecution is bad. In my view, since the petitioner was the Superintendent of the District Jail, Biharsharif and was personally responsible to ensure that proper food was given to the inmates, the adulterated rice being stored for consumption of the inmates would surely make him liable for prosecution. Further submission that the analyst report was not provided to the petitioner is merely an irregularity which would not make the entire prosecution liable to set aside. In view of such, I find no merit in the application. The same is dismissed. Fahad. ( Anjana Prakash, J. )