Judgment L. P. N. Shahdeo, J. 1. This is an application for quashing the criminal prosecution started against the petitioner including the order taking cognizance dated 15-2-1988 passed by Special Judge (E. C.) Act, Dhanbad for an offence punishable under Sec.7 of the Essential Commodities Act. 2. It appears that the grossery shop of this petitioner was inspected by the Supply Inspector on 16-10-1980 and he had found Amulya Milk Powder in the shop which was not displayed in the display-Board and thereby it was alleged that he had contravened the provisions of Bihar Essential Articles (Display of Prices and Stocks) Order, 1977. 3. The Supply Inspector, thereafter lodged F. I. R. and ultimately charge sheet was submitted against the petitioner. 4. It appears that the petitioner had filed a petition for discharge which was not accepted and thereafter, this application has been filed for quashing the criminal prosecution and the order taking cognizance. 5. Mr. M. M. Banerjee, learned counsel appearing for the petitioner has submitted that amulya Milk Powder is not included within the meaning of baby Food as such, the petitioner has not committed any offence. 6. Schedule T of the Bihar Essenticl Articles (Display of Prices and stock) Order, 1977 indicates the essential articles which are included within the Display Order, 1977 and at Item No.14 of the same which are Baby foods. This word baby food has not been defined either in the Essential commodities Act or tinder the clauses of Bihar Essential Articles (Display of prices and Stocks) Order, 1977. It appears that earlier in that schedule tin milk and baby food were shown at item No.14 which was subsequently amended in 1981 and tin milk was deleted and only baby food remained which falls for consideration as to whether Amulya Milk Powder can be included within the definition of a within the sweep of the term, baby food. 7. In general parlance the word baby Food is intended only to children who are below one year of age and who are incapable of taking regular food. The baby food cannot, therefore, include such type of food which is used or consumed by adults or persons above five years of age when the child becomes capable of taking regular foods as at that stage he is in the position to walk and his power of consumption also develops at that age. The baby food cannot, therefore, include such type of food which is used or consumed by adults or persons above five years of age when the child becomes capable of taking regular foods as at that stage he is in the position to walk and his power of consumption also develops at that age. In this connection, it may be noted that such type of milk powder or tinned milk powder which are used by adults cannot be termed as baby food. The definition of Amulya Milk Powder, itself indicates that it is not limited for the use of children only, although, children can also use it but merely because it can be used by the children also, it cannot become baby Food. Amulya Milk Powder is also used by adult and Children above 12 years of age. It is also used otherwise or in preparation of other food articles. The brand known as amulya Milk Spray shows that it is prepared specially for the children. The classification is made by the company which has prepared a special variety of milk powder for the children which is known as amulya milk Spray and it primarily intended for the consumption of the children. The word amulya Milk Powder therefore, indicates that it is a such type of powder or such type of Milk Powder which is prepared and intended for general consumption for all without any restriction cr reference of age. The word amulya Milk Powder, thefore, cannot come within the meaning of baby Food as it is found fit to be used by all, and it is not intended pri-marily for the use of children. If a Milk Powder is used by any person without any difference of age it cannot be a baby food as baby food is primarily intended and prepared specially for babies. The word amulya milk Powder, therefore cannot be confined within the meaning of baby food It is therefore, not a baby food. 8. In this view of the matter, the amulya Milk Powder does not come within the meaning of Essential Articles (Display of Prices and Stock) Order, 1977 or under the said schedule of the said Order. It does not come within the meaning of baby Food or under the meaning of Essential Articles or display Order and so there was no question of its being displayed in the display Board. It does not come within the meaning of baby Food or under the meaning of Essential Articles or display Order and so there was no question of its being displayed in the display Board. The petitioner, therefore has not committed any offence by not showing it or displaying it in the notice Board as it does not come within the purview of the provisions of either the Unification Order or Display Order and therefore not required to be shown in the notice Board. 9. In this connection, we can take some help from the word infant milk Food which has been described in appendix b of Prevention of Food adulteration Rules which shows or gives indication about infant food which means the product obtained by drying cow or buffalo milk or a combination thereof or by drying standardised Milk, with the addition of specific carbohydrate (Cane sugar, dextrose, and dextrines, maltose or loctose), from salts and vitamins. It shall be free from starch and antioxidants. 10. The shows that the infant Milk Food defined certain elements which are required for baby food which are meant for child below the age of three months. Amulya Milk Powder is not "infant Milk food", as it does not contain the required elements of baby food. This also gives assurance that " Amulya Milk Power" in which the required elements of infant milk food have not been included cannot be intended for the use of children only and, as such, it cannot come within the ambit of "baby food". In this view of the matter also, the Amulya Milk Powder cannot come within the meaning of the Essential Articles. 11. For the reasons stated above, this application is allowed. The criminal prosecution instituted against the petitioner including the order taking cognizance are hereby quashed. Application allowed.