IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27739 of 2009 Laxmikant Mandal Versus State Of Bihar & Ors -------- 02/ 03.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks quashing of the order dated 27.5.2009 passed by the Sub divisional Judicial Magistrate, Patna in Case no. 14(M)/ 2009 by which and whereunder he has taken cognizance for the offence under section 16(i)(A) of the Prevention of Food Adulteration Act, 1954. It would appear from annexure 1 that the Food Inspector took sample of Hot Garlic Instant Noodles from the shop of the petitioner. Subsequently, the aforesaid sample was found mis- branded. The contention of learned counsel for the petitioner is that petitioner is Manager of the shop from where the above stated sample was taken. It is further contended by him that petitioner is not manufacturer or packer of the aforesaid seized item and moreover, having similar material another bench of this court has already quashed the prosecution report of another case which had been filed against the petitioner. In support of his contention, he filed certified copy of order dated 21.12.2010 passed in Cr. Misc. no. 15020/2010 as well as certified copy of order dated 21.12.2010 passed in Cr. Misc. no. 14953/2010. Considering above stated submissions as well as orders 2 passed in the above stated criminal miscellaneous cases, this criminal miscellaneous case is allowed and the order taking cognizance dated 27.5.2009 passed by the of Sub divisional Judicial Magistrate, Patna in Case no. 14(M)/ 2009 is, hereby, quashed. shahid (Hemant Kumar Srivastava,J)