IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44286 of 2007 USHA DEVI Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Rajeev Kumar Labh. For the State : Mr. Parmeshwar Mehta. -------- 2/ 15.01.2009 Learned counsel is permitted to make necessary corrections in paragraph-1 and the prayer portion of the application with regard to the description of the Court concerned where the prosecution is pending. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions her prosecution in Panapur P.S. Case No. 62/2006 dated 2.09.2006 under Section 7 of the Essential Commodities Act. As a P.D.S. Shop dealer, her shop was investigated by the S.D.O., Marhaura on 26.07.2006 when certain alleged irregularities were found with regard to Kerosene Oil leading to institution of the first information report. Learned counsel submits that earlier, the P.D.S. Licensees were governed by the Bihar Trade Articles (Licences Unification) Order, 1984. Clause 31(1)(c) of the same specifically excludes the applicability of the same to PDS dealers appointed by the State Government. The Central Government then framed the Public Distribution System (Control) Order, 2001 under the Essential Commodities Act. The State Government was then required to issue the 2 necessary notification for implementation thereof in accordance with law. Such notification came to be issued by the State Government on 15.02.2007. Clause 17 of this notification stated that all prosecutions initiated prior to the same shall continue to be governed in accordance with law at the time of occurrence. The submission therefore is that if it be so, the Control Orders of 1984 exclude applicability of the same to P.D.S. dealers. The notification under the Control Order of 2001 having become effective from 15.02.2007, the occurrence alleged to have taken place on 26.07.2006, the petitioner cannot be prosecuted under the 1984 Control Orders nor can he be prosecuted under the 2001 Control Orders. In that view of the matter, the proceeding against the petitioner in Panapur P.S. Case no. 62/2006 pending before the C.J.M. Saran at Chapra is hereby quashed. The application stands allowed. S.B.P. (Navin Sinha, J.)