IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18599 of 2011 SURENDRA YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.18732 of 2011 BISHWA MITRA SINGH Versus THE STATE OF BIHAR ----------- 2/ 16.6.2011 Heard learned counsel for the parties. It appears that on a search being conducted, 142 bags of rice and 50 bags of wheat, meant to be distributed through public distribution system were recovered from the house of one Vijay Sah, which was sold to one Ripu Sah, who confessed that the whole quantity of cereals were brought by the petitioners. On that basis, FIR was drawn under section 7 of the Essential Commodities Act. It further appears that on raid being conducted at different establishments, huge number of yellow and red cards which were meant for supply of cereals to the persons below poverty line, were also recovered. The main plank of seeking anticipatory bail by the petitioners is the order passed by the Sub Divisional Officer, Sadar, Ara, which is contained in memo no. 267 dated 30.4.2011 by which he was restoring the suspended licence of the petitioner Biswa Mitra Singh. The other contention was that Bijay Singh from whose house recoveries were made, was granted bail by a bench of this Court in Cr. Misc. No. 10878 of 2011. The court finds itself not in a position to place reliance 2 either on the submission or documents connected therewith. The Sub Divisional Officer was simply not taking notice of red and yellow cards which were meant to supply of essential commodities to persons below poverty line. He was simply creating some records for helping out black- marketers. It is evidently clear from one line order of the S.D.O. also that he was, in spite of accepting the report of Assistant District Supply Officer and exonerating the petitioner Biswa Mitra Singh, still issuing stern warning to him. Considering these aspects, the two petitions appear of no merit. They are dismissed. The public distribution system cannot be allowed to function when an officer of the rank of S.D.O. is coming out to help out the persons black marketing the commodities meant to be distributed amongst persons below poverty line and thereby disrupting the functioning of government schemes. Let a copy of this order be sent to the Chief Secretary, Government of Bihar, Patna for taking cognizance as to how things are happening and also for taking appropriate action against the erring officials. Anil/ ( Dharnidhar Jha, J.)