Vivek Tulsiyan @ Vivek Nand … 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. 20.06.2011 The 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.)