IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33726 of 2008 1. Prabhash Prasad, Son of Late Jago Prasad. 2. Rakesh Kumar @ Pintu Kumar, Son of Prabhash Prasad. 3. Rajiv Ranjan @ Pappu Kumar, Son of Prabhash Prasad, All Resident of Village Salkhua Bazar, PS Salkhua, District Saharsa ---- Petitioners Versus The State Of Bihar ---- Opposite Party For the petitioners : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwary, Advocate For the State : Mr. B.P. Singh, A.P.P. ----------- 2 7.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 8.4.2008, passed by the Sub-divisional Judicial Magistrate, Saharsa in Special Case No. 7 of 2007 by which cognizance has been taken under Section 7 of the Essential Commodities Act and Sections 409, 420/34 of the Indian Penal Code. The prosecution case is that 55 bags of rice were found in the shop of the petitioner no. 1 which was supposedly kept there to be sold by the petitioners in black market. A confiscation proceeding was instituted. The order is at Annexure2 dated 31.5.2008. During the confiscation proceeding the District Magistrate, Saharsa came to the conclusion that rice belonged to the sons of petitioner no. 1 who were not P.D.S. Dealers. It also transpired that petitioner nos. 2 and 3 were able 2 to produce receipts from M/s. Laxmi Traders, Kutchery Road, Saharsa to indicate that they were valid purchasers of rice. As a result, the confiscation proceeding was dropped and the rice was released in favour of petitioner nos. 2 and 3. The facts above indicate that no case is made out against petitioner no. 1 under Section 7 of the Essential Commodities Act. Similarly, it cannot be said that petitioner no. 1 or his sons i.e. petitioner nos. 2 and 3 had purchased rice for the purposes of being sold in black market. The allegations seem to frivolous in view of the findings of the District Magistrate, Saharsa. In the result, I quash the order of cognizance dated 8.4.2008, passed in Special Case No. 7 of 2007. This application is allowed. Sanjay ( Sheema Ali Khan, J. )