IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17406 of 2008 Umesh Prasad, son of Sri Karu Mahto, village Kanchanpur, PS Deepnagar, District Nalanda – petitioner. Vs. 1. The State of Bihar, 2. Sri Arun Kumar Upadhaya, village Aiyara, PS Karpi, district Gaya, at present Prakhand Supply Officer, Bihar Sharif, Nalanda – opp. parties. 5 8.1.2010 Heard learned counsel for the parties. This application has been filed against the order, dated 30.10.2007 passed in Deep Nagar PS Case No. 114/2007 by the Chief Judicial Magistrate, Nalanda which at present is pending before the Subdivisional Judicial Magistrate. The allegation in the F.I.R. is that on 5.1.2007 on a complaint that the petitioner is not supplying kerosene oil to the consumers, a raid was organized. The shop of the petitioner was found closed and, therefore, no inspection could be made. Again on 27.7.2007 on a complaint by some villagers and the Mukhiya, a raid was conducted. This time also the petitioner was not found present at the shop and as such no inspection of the records could be made. To constitute an offence under section 7 of the Essential Commodities Act, the mere allegation that the petitioner was not supplying kerosene oil to the consumers is not sufficient for taking cognizance. The inspecting team should at least be in a position to verify the fact by looking into the records which may disclose whether supply was being made regular or not to the consumers. The allegations that the petitioner was indulging in black marketing is speculative in nature and as such this court cannot allow the 2 prosecution to continue as it would amount to abuse of process of the court. I, therefore, quash the order impugned taking cognizance and the entire proceeding in Deep Nagar PS Case No. 114/2007. This application is, thus, allowed. However, this order will not affect the proceedings by which the licence of the petitioner has been cancelled as there can be other reasons apart from the grounds of indulging in black marketing of the kerosene oil to cancel the licence. haque (Sheema Ali Khan, J.)