IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7197 of 2008 PREM KUMAR AGRAWAL & ANR Versus THE STATE OF BIHAR ----------- For the petitioners : M/s N.K.Agrawal, Sr. Advocate, D.N.Tiwari & J.K.Choudhary, Advocates. For the State : Mr. Jharkhandi Upadhaya, A.P.P. 2 24.7.2008 The petitioners are sought to be prosecuted under section 16(1) (a) of the Prevention of Food Adulteration Act, 1954, in Case No. CB – 10 of 2006 for allegedly violating Rule 42 of the Prevention of Food Adulteration Rules inasmuch as the logo indicating vegetarian or non vegetarian material was not fixed at the proper site on the label. It is unfortunate that people are being prosecuted for such silly mistakes. Admittedly the logo was fixed on the label but at the wrong place. The wrong placement of the logo does not in any view of the matter or by any reason of a person in ordinary course of matter amount to a criminal liability or invite criminal prosecution . Due regard being had to the report of Public Analyst showing that the logo for vegetarian is not fixed on proper site of the label the prosecution of the petitioner is hereby quashed. The application is accordingly allowed. Spd/- (Abhijit Sinha, J.)