IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4784 of 2009 BHAGWAN SHAH Versus STATE OF BIHAR ----------- 2. 30.4.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order dated 5.12.2008 rejecting his application for discharge under Section 239 of the Cr. P.C. in a prosecution under Section 7 of the Essential Commodities Act and Sections 406, 409 and 120B of the Penal Code. Learned counsel submits that it was specifically raised as an issue of fact that there was nothing on record to suggest that the rice allegedly seized from the petitioner was of a quality to be sold only through Public Distribution System. Additionally there was no direct material to suggest that grains which were packed in the empty bag bearing mark of F.C.I. where of PDS when such empty bags were available in the open market and rice was a free sale commodity for which no licence was required. It is next submitted that the only material is suspicion that the grains were allegedly stack for black marketing without any allegation of actual sale in black market. 2 Counsel for the State opposes the application. Considering the submission that rice is a free sale commodity and the failure to deal with the contention of the petitioner in the impugned order that the rice seized was not of a quality exclusively sold through the Public Distribution System only, this Court is not persuaded to permit the prosecution to continue on the basis of unfounded suspicion only. The entire prosecution of the petitioner in G.R. Case No. 235/2006 arising out of Buxar (M) P.S. Case NO. 13 of 2006 pending before the Sub Divisional Judicial Magistrate, Buxar is quashed. The application stands allowed. P. Kumar (Navin Sinha, J.)