Patna High Court - Orders
Vivek Tulsiyan @ Vivek Nand Tulsiyan vs State Of Bihar on 20 June, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18271 of 2009
VIVEK TULSIYAN @ VIVEK NAND TULSIYAN, S/o Sri Basudeo
Rai Tulsiyan, Resident of Dharamshala Road, Saharsa, P.S.
and District-Saharsa.
Versus
THE STATE OF BIHAR.
-----------
For the Petitioner : Mr. N.K. Agrawal, Sr. Adv.
For the State : Mr. Choubey Jawahar, APP.
-----------
02. 20.06.2011The petitioner has sought quashing of the order dated 03.10.2008 passed by the SDJM, Saharsa in Misc. Case No. 06/2008 by which it has taken cognizance under Section 16 of the Prevention of Food Adulteration Act.
The case of the prosecution was that samples of salt were taken from the shop of the petitioner and when tested the same revealed that there was less iodine than was required.
The contention of the petitioner is that he is not the manufacturer of the salt and, therefore, he should not be prosecuted for such a lapse.
In view of such, the application is allowed and the order dated 03.10.2008 passed by the SDJM, Saharsa in Misc. Case No. 06/2008 is, hereby, set aside.
Vikash/- (Anjana Prakash, J.)