g IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15020 of 2010 LAXMIKANT MANDAL, SON OF SRI AGHNU MANDAL, RESIDENT OF PANDAY MALL, FRASER ROAD, P.S. KOTWALI, DISTT. PATNA. -------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, PATNA. 3. THE FOOD INSPECTOR, OFFICE OF THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, PATNA. ------ OPPOSITE PARTIES. ----------- 2. 21.12.2010 Heard the parties. The petitioner seeks quashing of the order dated 1.12.2008 passed by Sub Divisional Judicial Magistrate, Patna, in Case No. 19(M) of 2008 under Sections 16(1)(A) of the Prevention of Food Adulteration Act, 1954. It has been submitted that the petitioner is the Manager of the shop from where a chilly powder packet was seized suspecting it to be a misbranded and indeed the analysis report was to the effect that since the “best before” was mentioned in small letters instead of capital letters, it was against the provisions of the act. Considering that the petitioner was merely a Manager and is not the manufacturer or the Packager of the goods concerned, the application is allowed and the order taking cognizance dated 1.12.2008 passed by Sub Divisional Judicial Magistrate, Patna, in Case No. 19(M) of 2008 is quashed. S.Ali ( Anjana Prakash, J.)