IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47166 of 2008 AWADH KISHORE PRASAD Versus STATE OF BIHAR ----------- 2. 3.12.2008 Heard Mr. Awawsh Kumar Pandey, learned counsel for the petitioner and Mr. Ram Badan Singh, learned A.P.P. The petitioner is not a dealer. The petitioner as such could not be said to be authorized to deal in kerosene oil. Inspite of that the petitioner’s shop was found storing nine drums of blue kerosene oil measuring over 1800 litres of the commodity. The law has been cited before me which was laid down in the judgement of Mahanthi Yadav & Anr. Vs. State of Bihar reported in 2007(2) PLJR 289 in which a view has been taken that the control orders framed under section 3 of the Essential Commodity Act could be attracted only against the P.D.S. dealers and not against the persons other than them. This Court has also taken a contrary view in the matter and as such, if there is a storage limit fixed with regard to any commodity which could be covered under the Act or if a person is not duly authorized through a valid licence and is found storing any commodity in excess to the storage limit, he could be hauled up under the appropriate provision of law, and under the statutory presumption that storage was for black-marketing and that appears the case with the petitioner and in that view, the petition is dismissed. The petitioner may renew his prayer for bail after closure of - 2 - the investigation and framing of charges. sudip ( Dharnidhar Jha,J )