IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27013 of 2008 SHAFI AHMAD @ SHAFI AHMAD ANSARI S/O MANIR AHMAD, R/O VILLAGE SEKHWA BASANTPUR, P.S.- MAINATARD, DISTRICT- WEST CHAMPARAN ………….Petitioner Versus THE STATE OF BIHAR …………..Opposite Party ----------- 3. 19.05.2011 Heard the parties. The petitioner has sought quashing of the entire proceedings including the order dated 14.11.2007 passed by learned Chief Judicial Magistrate, West Champaran, at Bettiah in Mainatard P.S. Case No. 72 of 2006 by which it has taken cognizance under Section 7 of the Essential Commodities Act. The case of the prosecution is that on 7.12.2006 when the informant reached the village Basantpur he found near the house of the one Nizamuddin six cycles loaded with 18 bags of fertilizers and another 3 bags of D.A.P. fertilizers. It was disclosed that the said 21 bags belonged to the present petitioner and the fertilizers were being taken to Nepal for black marketing and when the cyclists were stopped they ran away. Villagers disclosed that the petitioner used to black marked fertilizers in Nepal. The shop of the petitioner was searched from which some stray urea and D.A.P. fertilizers was found scattered. The further allegation is that when the 2 petitioner was asked to produce documents with regard to sale and purchase of fertilizers he could not produce any document. It was, therefore, alleged that the petitioner had in fact been indulging in black marketing of fertilizers. From the mere perusal of the First Information Report, the admitted position is that the fertilizers was found at the village Basantpur itself and it merely loaded on some cycles would not make out a case of preparation for black marketing the fertilizers. Moreover, there is no further material that in fact the fertilizers belonged to the petitioner or that he had got it loaded on the bicycles. The entire case is based only on hear-say account. In the result, the application is allowed and the entire proceedings including the order dated 14.11.2007 passed by learned Chief Judicial Magistrate, West Champaran, at Bettiah in Mainatard P.S. Case No. 72 of 2006 is hereby quashed. Fahad. ( Anjana Prakash, J.)