IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12072 of 2009 SHASHI KANT SHARMA, Son of Late Dewashrai Singh of Village Baliyari, P.S. Hisua, District Nawada. ……….Petitioner Versus THE STATE OF BIHAR ………..Opposite Party For the Petitioner -: Mr. N.K. Agrawal, Sr. Advocate Mr. Pranav Kumar, Advocate For the State -: Mr. Jharkhandi Upadhaya, A.P.P. ----------- 08/- 08/04/2011 Heard learned counsels representing the parties. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of the entire criminal proceeding against the petitioner in Hisua P.S. Case No. 50 of 2008 registered for the offence under Section 7 of the Essential Commodities Act. By filing supplementary affidavit, it has been brought on record that cognizance in this case has already been taken vide order dated 15.05.2009. As per the prosecution case, on secret information raid was conducted in the shop of the petitioner, where he was not present, but Kerosin oil kept in two drums, containing 50 and 200 liters (250 liters) respectively, were found lying therein. In spite of such neither the petitioner nor anyone on his behalf could be found available and Kerosin oil was seized under impression, it is kept for sale in black-marketing. 2 On behalf of the petitioner license has been produced to indicate that he is a P.D.S. dealer. It is also submitted that the said raid was conducted at 2.30 P.M., whereas official time for opening of the shop is 7.00 A.M. to 1.00 P.M. and since being a license holder, he is authorized to have 1000 liters (one thousand liters) of Kerosin oil. Since in the instant case, cognizance has already been taken much before and it appears difficult to go through the faded carbon copy of the case diary, it seems desirable that the matter be considered by the court below on going through the original case diary at appropriate stage preferably at the time of hearing on the point of charge and ascertained whether there is any material sufficient to proceed with the trial. As submitted special attention may be taken by the court below as regard to point of running time of the shop as well as holding of license and proper amount of the receipt of the Kerosin oil etc. With the aforesaid observation, at this stage, this application stands disposed of. Praveen/- ( Akhilesh Chandra, J.)