IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28719 of 2004 LAXMAN NATHANI, Son of Sri Janardhan Prasad Nathani, Resident of Village- Anand Nagar, Bagaha Bazar, P.S. Bagaha, Distt.- West Champaran. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Supply Inspector, Bagaha Sahar, P.S. Bagaha, Dist. West Champaran. . . . . . Opposite Parties. For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate, Mr. D.N.Tewari, Advocate For the State : Mr. Nirbhay Kumar Singh, A.P.P. ----------- 12/ 11.01.2010 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the order dated 22.07.2004 passed by Sub-Divisional Judicial Magistrate, Bagha in Tr. Case no. 894 of 2004, whereby a petition of discharge of the petitioner for the offence under Section 7 of the Essential Commodities Act, was rejected. The petitioner is a wholesale dealer and was having a licence in this respect. He applied for renewal of licence on 24.12.1998 for the year 1999. During the pendency of the renewal application his godown was inspected by Supply inspector, Bagha Town. In course of inspection 33 quintals of rice and 24 quintals of wheat was found stored. It was suspected that wheat and rice found stored in the petitioner’s business premises are of subsidized rate. On enquiry, the petitioner’s brother was not able to explain the storage of the foodgrains. Learned counsel submits that admittedly the petitioner was not present at the time of inspection, otherwise, he could have explained the storage of rice and wheat in question. Learned counsel submits that mere storage of wheat and rice in absence of any storage - 2 - limit would not make out any offence under Section 7 of the E.C. Act. Learned counsel further submits that there is no whisper that the aforesaid foodgrains was meant for distribution among the card holders and were brought from any of the Government godowns for being sold at subsidized rate. In this view of the matter, I am not find that there is sufficient material for framing of charge under Section 7 of the Essential Commodities Act, as such the impugned order dated 22.07.2004 passed by Sub-Divisional Judicial Magistrate, Bagha in Tr. No. 894 of 2004 under Section 7 of the Essential Commodities Act is set aside. This application stands allowed. Uday/ (Samarendra Pratap Singh, J.)