IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9665 of 2008 SHYAMDEO YADAV, S/O LATE KHARAGDHARI YADAV, RESIDENT OF LALLU POKHAR, P.S. KASIM BAZAR DISTRICT MUNGER .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /4/ 12.05.2010 Heard the counsel for the parties. 2. The learned counsel for the petitioner filed a supplementary affidavit stating therein that the petitioner earlier moved for quashing the first information report, but, in the meantime, the cognizance has been taken and, hence, prayed that the cognizance under Sections 7 of the Essential Commodities Act and 420 of the Penal Code may be quashed. He has also annexed the order, dated 20.07.2008, with the supplementary affidavit. The learned counsel for the petitioner submits that the co-accused of this case, against whom, the cognizance is taken on 12.01.2008 has been quashed by order, dated 19.04.2010, by this Court in Cr. Misc. No. 8212 of 2008. 3. There is common ground of the petitioner for quashing the order of cognizance for violation of Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 2 2000, and it has been alleged about some irregularities in the register regarding the filled or unfilled cylinders of Liquefied Petroleum Gas. It has further been contended that the Inspector of Police is not competent to make search and seizure as he is not a person authorized according to the notification publication in the Bihar Gazette, dated 30th July, 2005. 4. The fact asserted has not been disputed by the State counsel. In that view of the matter, the order taking cognizance is hereby set aside and this application is allowed. S.A. ( Gopal Prasad, J. )