IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44103 of 2007 AMAR NATH JHA Versus STATE OF BIHAR ----------- For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwari. For the State : Mr. M. Dayal ----- 5/ 13.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions a police case lodged against him under Section 7 of the Essential Commodities Act and seeks quashing of the first information report. Learned counsel for the petitioner urged that the present allegations have been made in the F.I.R. lodged on 10.11.2006. On the date that the F.I.R. was lodged, the Bihar Trade Articles (Licences Unification) Order, 1984 was not in force when the F.I.R. alleges an offence under the same. Clause 31(I)(C) of the order bars proceedings under the Essential Commodities Act against a Public Distribution System Dealer. Prior to the institution of the first information report, the Public Distribution System (Control Order), 2001 was promulgated subject to the State Government issuing appropriate orders for controlling the trade of fair price dealers which order has been issued only in February, 2007. The submission, therefore, is that prior to the institution of the first information report, Bihar Trade Articles (Licences Unification) Order had seized to operate. The F.I.R. makes allegations under a law no more inexistence. The new 2 law to control regulate Fair Price Dealers had been promulgated but had not been enforced in absence of the necessary notification by the State Government. The field was left open. Learned counsel placed reliance on an order of this Court dated 4.01.2008 passed in Cr. Misc. No. 40207 of 2007 (Shubhankar Jha Vrs. State of Bihar) wherein a similar challenge was laid out. A Bench of this Court considered the submission that no prosecution under Section 7 of the E.C. Act is made out since the Public Distribution System (Control Order) 2001 could be made effective unless the necessary Licensing Orders were issued by the State Government and which had been issued only in February, 2007. The Public Distribution System (Control Order) 2001 was, therefore, not workable on the date that the present allegations were made against the petitioner. Likewise considering Clause 31(2) of the Bihar Trade Articles (Licences Unification) Order, 1984 which lapsed by reason of the promulgation of the Public Distribution System (Control Order) 2001 and the absence of promulgation of the necessary notification under the letter till February, 2007, the petitioner gains an advantage with regard to the prosecution initiated against him on 10.11.2006. In absence of any sanction in the law to pursue the prosecution, the same cannot be sustained and it is, accordingly, set aside. The first information report in connection with A.P.M. P.S. Case No. 64/2006 is hereby quashed. 3 The application stands allowed. S.B.P. (Navin Sinha, J.)