IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37344 of 2008 Dilip Kumar Sharma, son of Late Mahadeo Lal Sharma, Mohalla Pani Tanki Chowk, at present Anand Kunj, Shahid Chowk, PS Town, Dist. Katihari – Petitioner. Versus State Of Bihar ----------- 2 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 14.5.2008 passed in Katihar Town PS Case No. 225/2007 by the S.D.J.M, Katihar by which cognizance has been taken for the offence under section 7 of the Essential Commodities Act. The sweet meat shop of the petitioner was raided and it was found that the petitioner had seven commercial gas cylinders lying in his shop. Out of the seven cylinders, six were empty and one was partly filled. The petitioner was not present at the premises and his servant could not produce the licence or the issue number of the cylinders. By a supplementary affidavit the petitioner has been able to produce two vouchers which indicates that the petitioner has been allotted six commercial cylinders by the distributor and subsequently one cylinder by the Bharat Petroleum Corporation Limited. Admittedly the petitioner carries on business and for that purpose he requires the commercial gas cylinders. It is not a case that he was using domestic cylinders for commercial activity. The only allegation is that the papers could not be produced at the 2 relevant time in absence of the petitioner. Obviously this case does not come under the purview of section 7 of the Essential Commodities Act as the petitioner has duly paid the amount for the use of commercial cylinders and has been granted receipts thereof. I, thus, quash Katihar Town Ps Case No. 225/2007 and the order impugned. This application is accordingly allowed for the reasons aforesaid. It is made clear that if any part of the submission made before this court is found false and the documents produced are found false, the State authorities would be at liberty to move against the petitioner. haque ( Sheema Ali Khan, J.)