IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32997 of 2008 Dinesh Kumar Sao @ Dinesh Sao, son of Late Parmeshwar Sao, Mohalla Rajendra Nagar, Nawada, PS and District Nawada – Petitioner. Versus State Of Bihar 4 15.7.2011 Heard learned counsel for the parties. I.A. No. 1444/2011 has been filed in this application for quashing the order of cognizance, dated 21.10.2008 passed in Nawada PS Case No. 161/2001 by the Judicial Magistrate, 1st class, Nawada. The interlocutory application is not on record. Office is directed to put the same on the record of this case. The allegation in the First Information Report is that 29 bags of Moong Dal was loaded in presence of the witnesses which was seized by Nawada police and a case was instituted under section 414 of the Penal Code and section 48 of the Bihar Agriculture Marketing Act. During investigation it did not appear that the Moong Dal was stolen property and without any evidence to the effect that the Dal was stolen property, the case cannot proceed under section 414 of the Penal Code. The fact that Moong Dal was loaded on a truck does not by itself constitute the offence. In order to commit the offence under the Bihar Agriculture Marketing Act or under any other Act, there must be definite allegation that the Dal had been loaded for some ulterior purpose or in contravention of the provisions of the Bihar Agriculture Marketing Act. Merely stating that it is punishable under section 48 of the aforesaid Act does not by itself 2 complete an offence. In the circumstances this court finds that no case is made out under section 414 of the Penal Code as well as section 48 of the Bihar Agriculture Marketing act. The order of cognizance, dated 21.10.2008 is hereby quashed. This application is allowed. haque ( Sheema Ali Khan, J.)