IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23029 of 2010 1. SHAMBHU NATH CHAURASIA 2. SANJAY KUMAR CHAURASIA BOTH S/O SHRI VISHWANATH CHAURASIA, R/O AT & P.O.- PARIHARPUR, P.S.- RAJNAGAR, DISTRICT- MADHUBANI ………….Petitioners Versus THE STATE OF BIHAR …………..Opposite Party ----------- 2. 11.03.2011 Heard the parties. The petitioners have sought quashing of the order dated 8.10.2009 passed by learned S.D.J.M., Madhubani in T.R. No. 2647 of 2009 by which cognizance has been taken under Section 32 of the Prevention of Food Adulteration, Act. It has been submitted that after the packet of biscuits was seized from the shop of the petitioner the same was tested and it was found that on the label batch number was not given and, therefore, case of misbranding was instituted against the petitioner. It has further been submitted that since the petitioner was merely a shop keeper and not the manufacturer of the biscuits, so no offence under the Prevention of Food Adulteration, Act, would be made out. Considering the same, the application is allowed and the order dated 8.10.2009 passed by learned S.D.J.M., Madhubani in T.R. No. 2647 of 2009 is set aside. Application stands allowed. Fahad. ( Anjana Prakash, J.)