IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10701 of 2008 MD.SALIM @ MD.SALEEM . Versus STATE OF BIHAR . ----------- 2. 23.04.2010 Heard leaned Counsel for the petitioner and the learned Counsel for the State. Questioning the order dated 7.12.2007 refusing to discharge by the SDJM Saran at Chapra in Ekma PS Case No. 117 of 1995, Trial No. 621 of 2007 under Section 7 of the Essential Commodities Act it is submitted that in one transaction four Indane gas cylinders are alleged to have been recovered from the petitioner while three gas cylinders are alleged to have been recovered from one Sunil Kumar. The informant is the Sub Inspector of Police posted in the Ekma PS. Co-accused Sunil Kumar preferred Cr. Misc. No. 6271 of 1998. This Court on 25.1.2007 held that the Sub Inspector was not authorized under Clause 7 of the L.P.G. Order to effect search and seizure. The same being illegal no prosecution was maintainable upon it. The prosecution of the co-accused has been quashed. In the facts and circumstances of the case, the allegations being common, grounds of challenge raised in this application being common, the same is fit to be allowed in terms of Cr. Misc. No. 6271 of 1998. For reasons of the discussions contained in the aforesaid Cr. Misc. application this application is also allowed. Entire prosecution of the petitioner in Ekma PS Case No. 117 of 1995,Trial No. 621 of 2007 pending before the SDJM Saran at Chapra is quashed. Snkumar/- (Navin Sinha,J.)