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which was misleading since no negative declaration could be given and the petitioner could only mention the contents which were present on the label and could not have mentioned the contents which were not present.

5/ I have heard the learned counsel for the parties and perused the record.

6/ On the perusal of the record, it is noticed that the petitioner is sought to be prosecuted under the provisions of the Food, Safety and Standard Act, 2006 (for short "the Act") and the F.S. & S. (Packaging and Labelling) Regulations, 2011 (for short "the Regulations") on the ground of misbranding the product namely 'Sunfeast Yippee Noodles Magic Masala'. The sample collected by the Food Safety Officer and analyzed by the Food Analyst was sent to the notified laboratory and its report was obtained vide Annexure P/2. The report reveals that 'No MSG' was detected in the sample. In the reply also the respondents have admitted that as per the report of the Food Analyst MSG content was not found in the sample. The petitioner is being prosecuted only on the ground that printing of declaration 'No MSG Added' in the sample label was misleading under Regulation 2.3(1)(5) of the Regulations and it was misbranding under Section 3(ZF)(A)(i) of the Act.