Quashed

Rama Shankar Prasad v. State Of Bihar and Anr.

Patna HC16 Jul 2015CR. MISC./14356/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court quashed the Chief Judicial Magistrate's order taking cognizance of an offence under the Prevention of Food Adulteration Act. The court ruled that mere presence of water-soluble colours in masur dal, not found injurious to health or unfit for human consumption, does not justify prosecution.

What did the court decide?

The order dated 25.02.2010 passed by the Chief Judicial Magistrate, Aurangabad, taking cognizance of the offence is quashed and the petition is allowed.

Rama Shankar Prasad Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.14356 of 2013

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Arising Out of PS.Case No. -14 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD =========================================================== Rama Shankar Prasad, son of Late Sita Ram Sao, resident of village Audarbazar, Aurangabad, P.S.Aurangabad, Dist. Aurangabad. .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance: For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate Mr. D.N.Tiwary, Advocate

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Mr. Sanjeet Kumar, Advocate For the Opposite Party/s : APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2015

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Heard learned counsel for the petitioner and learned APP for

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the State.

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The present petition has been filed for quashing the order dated 25.02.2010 passed by the learned Chief Judicial Magistrate, Aurangabad in connection with G.O. Case No. 14 of 2010 for the offences under Sections 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

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Learned counsel for the petitioner submits that the analysis report dated 07.12.2009 issued by the Combined Food & Drug Laboratory, Agam Kuan, Patna as contained in Annexure-5 of the petition, merely discloses the presence of water soluble colours and it is opined that the sample of Masur Dal does not conform to the prescribed standard of purity laid down under the P.F.A. Rules and hence adulterated. It is however, submitted that there is nothing in the said report to suggest that such the

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Patna High Court Cr.Misc. No.14356 of 2013 dt.16-07-2015

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water soluble colour was of a nature injurious to health or otherwise unfit for human consumption and as such the petitioner ought not to be prosecuted.

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This Court has considered this aspect of the matter in a number of decisions including Cr. Misc. No. 16358 of 2010 disposed of on 06.01.2011 (Awadh Bihari Lal vs. The State of Bihar), Cr. Misc. No. 16282 of 2012 disposed of on 03.08.2012 (Binod Kumar Agrawal vs. The State of Bihar) and Cr. Misc. No.48446 of 2012 disposed of on 14.05.2015 ( Sitaram Khaitan and anr. vs. The State of Bihar) including 2010 (3) PLJR 120 (Rajeev Kumar vs. State of Bihar). This Court has consistently taken the view that mere presence of some colouring matter which was not found to be injurious to health not unfit for human consumption cannot justify the prosecution of the petitioner.

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In the above circumstances, the impugned order dated 25.02.2010 passed by the learned Chief Judicial Magistrate, Aurangabad taking cognizance in connection with G.O. Case No. 14 of 2010 is hereby quashed.

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The petition stands allowed.

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(Vikash Jain, J)

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Chandran

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U T

Rama Shankar Prasad v. State Of Bihar and Anr.

Case brief

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Rama Shankar Prasad v. State Of Bihar and Anr.

Case brief

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