IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9138 of 2009 DEEPAK KUMAR, son of Shyam Bihari Prasad, resident of Mohalla- Mithapur, Police Station- Jakkanpur, District- Patna ….Petitioner Versus 1. THE STATE OF BIHAR & 2. G. Lakra, Food Inspector, Patna …Opposite Parties ----------- 2/ 06.09.2010 Heard the parties. The petitioner seeks quashing of the order dated 3.4.2006 passed by the Sub-Divisional Judicial Magistrate, Patna, in Case No.55 (M) of 2006, by which he has taken cognizance under section 16(1) (a) of the Prevention of Food Adulteration Act, 1954. The prosecution report is that the petitioner was selling Arhar Dal which was coloured and on being tested by the Food Analyst it was found to be adulterated since the same was coloured by water soluble colour. Counsel for the petitioner submits that the presence of colour by itself is not an offence since there are categories of exceptions defined in the Rules and the failure of the Food Analyst to give any final report as to whether the colour was within or without the exception, the mere opinion that the article was adulterated merely because of the presence of water soluble colour has no meaning. Considering the same, the application is allowed and the order dated 3.4.2006 passed by the Sub-Divisional Judicial Magistrate, Patna, in Case No.55 (M) of 2006, by which he has taken cognizance under section 16(1) (a) of the Prevention of Food Adulteration Act, 1954, is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)