IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5709 of 2009 BASHISTHA SAH Versus STATE OF BIHAR ----------- 2. 7.5.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order dated 20.6.2008 refusing to discharge from a prosecution under Section 7 of the Essential Commodities Act. It is also urged that the quantity of fertilizer alleged to have been seized was below the amount beyond which only a licence is required. It appears that the latter ground was not raised before the Court below at this stage of discharge and simultaneously the order refusing discharge is completely non-speaking in nature as it does not disclose the nature of the materials on which the Court was satisfied that the allegations contain sufficient materials fit to go to trial. The order dated 20.6.2008 is accordingly set aside and the matter is remanded to the Court of the S.D.J.M., Sadar, Sitamarhi to reconsider the prayer for discharge afresh in accordance with law by a reasoned and speaking order. The application stands disposed. P. Kumar (Navin Sinha, J.)