Order.- The learned Chief Presidency Magistrate erred in overlooking the requirement of rule 34 read with rule 42 of the Prevention of Food Adulteration Rules. M.O. 2 does not really indicate a label on which the declaration as required by rule 42 read with rule 34 is made. Prima facie, it would appear that there is no misleading expression within the meaning of rule A. 08, 0.3. (coffee chicory mixturs) In fact, the learned Counsel for the respondent — accused was justified in contending that the said rule has been complied with fully; nor is any complaint made for the breach of the said rule by the learned Counsel for the petitioner. The offence is highly technical and it savours of a mere technicality. But the requirements of law have got to be satisfied and therefore I am remanding the same for fresh enquiry or trial. V.M.K. ------ Remanded for fresh trial.