IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.55636 of 2007 VIRENDRA KUMAR, son of late Parmeshwar Singh, resident of Village Malhabad, Police Station- Khodaganj, Dist.-Nalanda. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 07.05.2010 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the entire proceeding in Khodaganj P.S. case no. 01 of 2006 dated 02.01.2006 including order dated 03.02.2007 passed by Sub-Divisional Judicial Magistrate, Hilsa, Nalanda, whereby cognizance has been taken under Section 7 of the Essential Commodities Act. The informant alleged that the shop of the petitioner was closed and on query the customers stated that they have not received any items including Kerosene oil for last six months. Learned counsel submits that earlier, the P.D.S. Licensees were governed by the Bihar Trade Articles (Licences Unification) Order, 1984. Clause 31(1)(c) of the same specifically excludes the applicability of the same to P.D.S. dealer appointed by the State Government. Learned counsel for the State opposes the prayer of quashing. The Central Government framed the Public Distribution System (Control) Order, 2001 under the Essential Commodities Act. The State Government is required to issue necessary notification for implementation of the said Act. Such notification was issued on 15.02.2007. The offence is prior to issuance of notification dated 15.02.2007. - 2 - This court has held that during the period 2006, 2001 Order was not in existence. In the circumstances order taking cognizance dated 03.02.2007 against the petitioner is hereby quashed and the application is allowed. Uday/ (Samarendra Pratap Singh, J.)