IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47605 of 2007 RAMDEO PRASAD Versus THE STATE OF BIHAR ----------- 4/ 10/2/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order of cognizance dated 24.7.2007 under Section-7 of the E.C. Act in Fatehpur P.S. Case No.50/03, registered on 2.6.2003, pending before the court of the Sub-divisional Judicial Magistrate, Sadar at Gaya. Learned counsel for the petitioner submits that on 31.8.2001 the Central Government repealed all control orders and promulgated the Public Distribution Control Order, 2001. As a result, the Bihar (Trade Articles Licences Unification) Order 1984, no more remained in operation, if it would be made applicable to the petitioner in view of the exemption clause in Clause- 31 of the aforesaid order with regard to Public Distribution System Dealers. The Public Distribution Control Order, 2001 for its invocation in the State of Bihar required issuance of a notification by the State Government which has been issued only in February, 2007. The submission, therefore, is that after 31.8.2001 till issuance of the necessary notification in February, 2 2007, the Bihar Trade Articles Licences Unification Order, 1984 stood repealed and the Public Distribution Control Order, 2001 had not been enforced. There, thus, remained no provision for prosecution of the petitioner on the date that the F.I.R. was lodged. For reason of the aforesaid discussion, this Court finds it difficult to sustain the order of cognizance dated 224.7.2007, as also the entire prosecution in Fatehpur P.S. Case No.50/03. It is accordingly set aside. The application stands allowed. KC ( Navin Sinha, J.)