IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35098 OF 2008 HEERALAL VERMA, SON OF RAMJI VERMA, RESIDENT OF VILLAGE PALSA BUJURG, POLICE STATION AND DISTRICT JAMUI …………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. PARVEEN KUMAR SINHA, SON OF NOT KNOWN, RESIDENT OF VILALGE HEAD ASSISTANT, DISTRICT SUPPLY OFFICER, JAMUI ………………………………………………………………………OPPOSITE PARTIES ********* 4 26/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 10.01.2008 passed in Sikandara Police Station Case No. 118 of 2004 (G.R. No. 721 of 2004) by which the Sub Divisional Judicial Magistrate, Jamui has taken cognizance for the offences alleged to have been committed under Sections 7 and 8 of the Essential Commodities Act. The petitioner has challenged the order taking cognizance on the ground that the very initiation of the proceedings is unwarranted in view of the fact that under the Public Distribution System Control Order, 2001, the State Government was to publish and enact the rules giving power and authorization for making search and seizure as well as for the purposes of institution of the First Information Report. The earlier notification order had already been amended as 2 provided under Clause 14. However, no notification was published under Clause 10. The notification had been published on 25.05.2006. Therefore, in between 31.08.2011 and 25.05.2006, there was no rule regulating the power of search and seizure. Considering this aspect, this Court in the case of Maheshwar Prasad vs. The State of Bihar and Another and its analogous [2007 (2) PLJR 103] and in the case of Sri Narain Prasad @ Sri Narain Sao and five others vs. The State of Bihar [1998 (2) PLJR 330] has already held that any such search and seizure made without authorization of the State Government is not in accordance with law and has quashed the proceedings. Considering the judgments aforesaid, the order dated 10.01.2008 passed in Sikandra Police Station Case No. 118 of 2004 (G.R. No. 721 of 2004) by the Sub Divisional Judicial Magistrate, Jamui is hereby quashed. This application is allowed. Anand (Sheema Ali Khan, J.)