IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14934 of 2010 1. RAM CHANDRA AGARAWAL, SON OF LATE KISHEN GOPAL AGARWAL, R/O MOHALLA RANGPURI, P.S. MAHIPALPUR, NEW DELHI. 2. LAXMIKANT MANDAL, SON OF SRI AGHNU MANDAL, RESIDENT OF PANDEY MALL, FRASER ROAD, P.S. KOTWALI, DISTT. PATNA. ------- PETITIONERS. 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 petitioners seek quashing of the order dated 30.10.2009 passed in Case No. 22 (M) of 2009 by which Sub Divisional Judicial Magistrate, Patna, has taken cognizance under Section 16(1)(A) of the Prevention of Food Adulteration Act 1954. The petitioners are the owner and the Manager of the shop from where a packet of Noodles was seized on suspicion that the same was misbranded. The analysis report was to the effect that since the “best before” was mentioned in small letters in place of capital letters, it did not conform to the labeling Provisions of the Act. It has been submitted that the petitioners are not manufacturers or the packagers of the food articles and, therefore, they cannot be saddled with the responsibility of labeling. In view of such, the application is allowed and the 2 order taking cognizance dated 30.10.2009 passed by the Sub Divisional Judicial Magistrate, Patna, in Case No. 22(M) of 2009 is quashed. S.Ali ( Anjana Prakash, J.)