IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32054 of 2008 Arvind Kumar Singh @ Arvind Kumar, son of Sri Bachchu Lal Singh, village Karmaini, PS Kargahar, Dist. Rohtas – Petitioner. Versus State Of Bihar ----------- 2 1.7.2011 Heard learned counsel for the parties. This application has been filed for quashing the FIR of Sasaram (T) Ps Case No. 74/2007 under section 7 of the Essential Commodities Act which was instituted on the written report of the Circle Officer by the Supply Inspector, Sasaram alleging therein that the petitioner was utilizing the gas cylinder for the purpose of running his Maruti Car bearing registration no. WB-02G-9154. Prior to the lodging of the aforesaid FIR, a case was also instituted under sections 177, 179, 196, 190(2), 192A of the Motor Vehicles Act and sections 22/28 of the Motor Vehicle Tax Act. In the said case the allegation is that the petitioner had not paid tax and was using the vehicle. It is said that the gas meant for commercial purpose should be utilized for the purposes or running the car with the help of gas. The petitioner accepted his guilt and accordingly was fined which is apparent from Annexure 2, dated 21.2.2007. In this case cognizance under section 7 of the Essential Commodities Act is wholly misplaced in view of the fact that no offence is made out. It is not the case of any one that the petitioner was not entitled to retain or keep a gas cylinder. It is not the 2 allegation that he had kept the gas cylinder for the purpose of black marketing. In such circumstances this court finds that no case is made out under section 7 of the Essential Commodities Act. I accordingly quash the impugned order and this application is allowed. haque ( Sheema Ali Khan, J.)