IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44388 of 2007 CHANDESHWAR PRASAD Versus STATE OF BIHAR ----------- 2/ 19.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of his prosecution under Section 7 of the Essential Commodities Act in the Deep Nagar P.S. Case no. 115/2007. The ground urged is that in terms of the Clause 31(1)(c) of the Bihar Trade Articles (Licenses Unification) Order 1984, no prosecution is maintainable against a Public Distribution System dealer appointed by the State Government. The first information report has been lodged on 5.09.2007. The Central Government has promulgated the Public Distribution System Control Order, 2001 and the necessary notification thereunder for its applicability to the State has been issued by the State of Bihar prior to the institution of the first information report in February, 2007. The defence urged on behalf of the petitioner is no more available. The latter law does not bar the prosecution of Public Distribution System dealer. The application is dismissed. S.B.P. (Navin Sinha, J.)