IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12810 of 2009 SUMAN GUPTA, W/O Sri R.B.Gupta, R/O Bandar Bagicha, P.S.Kotwali, Distt- Patna. ………Petitioner. Versus THE STATE OF BIHAR …..Opp. Party. ----------- For the Petitioner:- Mr. N.K.Agrawal, Sr. Adv. For the State:- Mr. Jharkhandi Upadhayay, A.P.P. 5 03.03.2011 Heard Mr. N.K. Agrawal, learned counsel for the petitioner and Mr. Jharkhandi Upadhayay, learned counsel for the State. The petitioner has challenged the order of cognizance dated 18.03.2008, whereby the cognizance has been taken under Section 7 of the Essential Commodities Act. The accusation is based on the fact that in the Kitchen of restaurant of the petitioner four empty domestic cylinders were found, hence it was suspected that the domestic gas cylinders were used for the commercial purposes. It is submitted by learned senior counsel for the petitioner that the alleged offence gets constituted only when it is found that the domestic gas cylinders were found to be used for commercial purposes but on mere speculation 2 the case has been registered. A supplementary affidavit has been filed on behalf of the petitioner that the case has not progressed after cognizance. Mr. Jharkhandi Upadhayay, learned counsel for the State has filed counter affidavit to the effect that the recovery of empty gas cylinders suggests that it was kept in the commercial premises for being used in commercial purposes since the cost of the domestic gas cylinder is very low in comparison of commercial cylinder. The order of cognizance does not reflect any thing to suggest that the domestic cylinders were used for the commercial purposes. Hence, in view of this Court the accusation is more presumptive. Accordingly, in the interest of Justice, the order of cognizance dated 18.03.2008 passed by the learned Sub-Divisional Judicial Magistrate, Patna in Kotwali P.S. Case No. 368 of 2007 (Spl. Case No. 11 of 2007) is hereby quashed. Bhardwaj/- ( Dinesh Kumar Singh, J.)