IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48614 of 2007 KARU SAH @ SANJAY KUMAR Versus THE STATE OF BIHAR ----------- 3/ 24/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order of cognizance dated 26.4.2007 in Imamganj P.S. Case No.26 of 2006, T.R. No.1801/07 by the Sub-divisional Judicial Magistrate, Sherghati, Gaya under Section-7 of E.C. Act. The allegations are that a raid in the house of one Binod Mahto led to recovery of 26 litres of blue kerosene oil and 7 empty drums and one tin of mustard oil. That information was received that it was the petitioner who had hidden the blue kerosene oil in the house of Binod Mahto. Learned counsel for the petitioner submits that neither is there any recovery from the petitioner nor is there any material in the F.I.R. of the source of information suggesting that the kerosene oil belonged to the petitioner. The submission, therefore, was that the petitioner has been made an accused on unfounded suspicion. Learned counsel for the State urged that the 2 F.I.R. itself states that the informant had reason to believe that the kerosene oil belonged to the petitioner. The order taking cognizance is not required to be detailed and descriptive, nonetheless, in the allegation of the present nature, this Court is satisfied that the order of cognizance was required to briefly discuss the nature of the material against the petitioner with regard to the recovery of the kerosene oil and that he was allegedly the owner of the same. To permit the prosecution of the petitioner otherwise may amount to permit the prosecution to build up a case against an individual after an F.I.R. is lodged. The order of cognizance dated 26.4.2007 is accordingly set aside. The matter is remanded to the court below to pass a fresh order reflecting prima facie the nature of the materials against the petitioner to justify the order, in law. The application is allowed. KC ( Navin Sinha, J.)