IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1527 of 2008 SANTOSH KUMAR Versus STATE OF BIHAR ----------- 7. 23.04.2010. Heard learned counsel for the parties. The petitioner prays for quashing order dated 16.9.2006, passed in Kotwali Police Station case no. 133/2004, under section 7(iv) of the Food & Adulteration Prevention Act, whereby the Sub Divisional Judicial Magistrate, Patna has taken cognizance under aforesaid section. Leaned counsel for the petitioner submits that the notification banning sale of Gutkha etc has now been revoked and allegation is vague and even the F.I.R. has been filed only on confidential report that the petitioner might be selling Gutkha, Pan Masala in his shop. He submits that prosecution case does not disclose that petitioner was either selling Pan Masala etc or his stall was containing such items. It appears the FIR has been lodged on confidential information that petitioner might be selling Pan masala etc. There is no allegation that he was found selling/storing these materials in his shop. The prosecution is based on surmises as such order taking cognizance dated 16.9.2006, passed in Kotwali Police Station case no. 133/2004 is hereby quashed. The petition stands allowed as indicated above. Shashi. (Samarendra Pratap Singh, J.)