IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18739 of 2010 ARJUN PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- 02. 02.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel submits that the P.D.S. license was suspended initially for institution of a criminal case under the Penal Code and not under the Essential Commodities Act, as required under Rule 7 (3) of the Bihar Fair Price Shop Control Order, 2007. It has been cancelled on that ground only. If the Rules stipulate suspension till the continuance of a criminal case, there can be no cancellation. Suspension shall be permissible only, if the prosecution is under the Essential Commodities Act. This Court has considered this aspect of the matter in C.W.J.C. No. 18692 of 2010 inter alia noticing that at this stage, it would be premature to speculate under what provisions charges may be framed for applicability of Rule 7(3). Should the occasion arise after framing of charges in the criminal case, the law shall have its full effect under the aforesaid provisions with regard to the status of the license during pendency of the case. 2 The order of suspension and cancellation of the license dated 23.6.2008 and 11.1.2010 are accordingly set aside. The application stands allowed with observations. P.K. ( Navin Sinha, J.)