IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43321 of 2008 1. Md.Praven Mohsin @ Pravej Mohsin 2. Md. Razur Rahman @ Razaur Rahman Versus State Of Bihar ---------------------------------- 06. 10.08.2011 This is an application for quashing the order dated 22.9.2007 of learned Sub-divisional Judicial Magistrate, Samastipur passed in G.O. Case No.27 of 2006 (T.R. No.2229/2073 of 2007/2008) by which cognizance have been taken under section 16 (1) (a-1) of the Prevention of Food Adulteration Act. Heard learned counsel for the petitioners and learned counsel for the State. Prosecution report is to the effect that seized Haldi Powder and Dhania Powder are found adulterated, so the cognizance is taken for the same. For petitioner no.2, it is said that he is not owner of the shop rather license is issued in favour of petitioner no.1 so, he has not been made accused in the case prosecution report but put on trial after cognizance without material, in my view without jurisdiction. For Haldi Powder, it is said that the (1) Moisture (2) Total ash (3) Ash in soluble in dil. Hcl (4) Lead chromate all are found in permissible limit. For Dhania Powder, it is said that insect and insect infestation part (lump formed) is found, but sample was examined after lapse of considerable delay, before 2 sending the same to Public Analyst no preservative was used. In discussed circumstance, this petition is allowed in part and prosecution against petitioner no.2 is quashed, rest of the points can be raised in the trial court at appropriate stage. Vikash (Mandhata Singh, J.)