IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14953 of 2010 LAXMIKANT MANDAL, SON OF SRI AGHNU MANDAL, RESIDENT OF PANDEY 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 in Case No. 18(M) of 2008 by which Sub Divisional Judicial Magistrate, Patna, has taken cognizance under Section 16(1)(A) of the Prevention of Food Adulteration Act, 1954. The petitioner happens to be the Manager of a shop where a packet of Poppy seeds was seized on suspicion that the same was misbranded. The analysis report was that the same was indeed misbranded for the reasons that the “best before” was not mentioned in capital letters but was mentioned in small letters which was against the provisions of the Act. It has been submitted that the petitioner is neither the manufacturer nor the packagers of the article concerned and, therefore, cannot be held responsible for the said Act. In view of such, the application is allowed and the order taking cognizance dated 1.12.2008 passed in Case No. 18(M) of 2008 by Sub Divisional Judicial Magistrate, Patna, is 2 quashed. S.Ali ( Anjana Prakash, J.)