IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39850 of 2008 Prem Kumar Singh, Son of late Rameshwar Prasad Singh, Resident of Mohalla Lal Kothi, PS Town, District Katihar, Prop. Of M/s Prem Gas Agency, Katihar --- Petitioner Versus The State Of Bihar --- Opposite Party For the Petitioners : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwary, Advocate Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 27.7.2011 Cognizance has been taken against the petitioner under Section 7 of the Essential Commodities Act infringing the provisions of sub-section (2) (h) (i) of Section 3 of the Essential Commodities Act, which envisages that “for requiring persons engaged in the business of production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order;” The submission on behalf of the petitioner is that although he produced the notes of account etc., some discrepancy were found as a result of which he has been booked under Section 3 of the aforesaid Act. Learned counsel for the petitioner further submits that the occurrence took place on 12.5.2007 whereas the cognizance has been taken in this case on 14.5.2008. It is submitted that the punishment for infringement under Section 3 (2) (h) (i) may extend to one year as described in Section 7 (a) (i) of the Essential Commodities Act. Taking advantage of the fact that there has been a delay of two days in 2 taking cognizance, counsel for the petitioner submits that it is barred by limitation created under Section 468 of the Code of Criminal Procedure wherein it is said that the period of limitation shall be one year, if the offence is punishable with imprisonment for a term not exceeding one year. There is a provision for condoning the delay under Section 473 of the Code of Criminal Procedure. However, the order impugned dated 14.5.2008 does not consider this aspect of the matter as a result of which, this Court has no option but to quash the order of cognizance dated 14.5.2008, passed by the Sub-divisional Judicial Magistrate, Katihar in Katihar Town PS Case No. 225 of 2007. This order is subject to the fact that the trial has not commenced in this case. In case the trial has commenced, this application will automatically stand dismissed as infructuous. This application is allowed. Sanjay (Sheema Ali Khan, J.)