IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28344 OF 2008 RAMA KANT CHAUDHARY, SON OF FAKIR CHAND CHAUDHARY, RESIDENT OF VILLAGE AND POLICE STATION NAGARNAUSA, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ******* 2 20/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 12.03.2008 passed in Nagarnausa Police Station Case No. 26 of 2007 (Trial No. 2149 of 2008) by which the Sub Divisional Judicial Magistrate, Hilsa has taken cognizance for the offence under Section 7 of the Essential Commodities Act. The submission on behalf of the petitioner is that when the inspection was made, it was found that the shop was closed and therefore, no physical verification took place of the shop in question. It is also submitted that there is no specific allegation regarding black- marketing of the items that were stored in the shop of the petitioner. Lastly, it is submitted that the case of the petitioner is covered by the decision of this Court in the case of Md. Waizuddin vs. the State of Bihar [2007 (1) PLJR 714]. All these aspects of the matter may be examined at the stage of framing of the charge when the 2 Court below will have the liberty to peruse the case diary of this case. The Court below will also go through the judgment mentioned aforesaid before passing an appropriate order. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )