Shiv Narayan Dhingra, J.

1. By this petition the petitioner has prayed for quashing of criminal complaint No. 46/PF/DA/2002 under Section 16 of the Prevention of Food Adulteration Act ("PFA Act", for short).

2. A sample of wafer biscuits belonging to the petitioner company was picked up by Food Inspector for testing adulteration. The test report of public analyst showed that the sample contained Tilfany Banana Cream wafers in 30 gm original packet and the packet was having all declarations except "Batch Number? and "Best Before?. Colour and flavor were declared as per the rules. The sample was found conforming to the norms of PFA Act. However, it was opined by Public Analyst that the sample was misbranded as there was violation of Rule 32 (e) (I), Rule 24 and Rule 64 BB of PFA Act. It is submitted by counsel for the petitioner that there was no adulteration as reported by Public Analyst. The petitioner had imported the packed goods and sold to G.J. Foods on high seas sale basis. The misbranding, as alleged, was merely technical in nature and as per policy of the State this prosecution should not have been initiated.

3. It is not disputed that the sample had conformed to the food stand