IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41238 of 2008 1) Dinesh Patel, 2) Ganesh Patel, both sons of Jamuna Prasad, village Anantpur, PS Chandi, District Nalanda – Petitioners. Vs. The State of Bihar. 5 1.8.2011 HeardMr. N.K. Agrawal, Senior Advocate for the petitioners and Mr.Jharkhandi Upadhyay, A.P.P. representing the State. This application has been filed for quashing the order, dated 15.5.2008 passed in Chandi PS Case No. 3/2007 by the Subdivisional Judicial Magistrate, Hilsa, Nalanda by which cognizance for the offence under section 7 of the Essential Commodities Act has been taken. The prosecution case against the petitioner is that he had stored 158 bags of 50 kgs each of urea fertilizer. Counsel for the petitioners refers to the order passed by this court on 24.9.2010 in Cr.Misc. No. 9134/2009 which has considered this aspect of the matter and quashed the proceeding. Learned counsel for the petitioner refers to a notification no. 5F-45-90-8970, dated 17.10.1992 wherein it has been mentioned that an agriculturist would be permitted to keep ten Metric tons of fertilizer. Ten metric tons would amount to 200 bags of 50 kgs each. In the circumstances this court comes to the conclusion that the petitioner had stored fertilizers within the prescribed limit and as such no offence is made out under section 7 of the Essential Commodities Act. 2 The impugned order is quashed and this application is allowed. haque ( Sheema Ali Khan, J.)