IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47991 of 2007 MD.MUNNA Versus THE STATE OF BIHAR ----------- 4/ 17/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner assails his prosecution Phenhara P.S. Case No.6/06 and the order of cognizance therein dated 14.8.2007 by the Sub- divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran under Section-7 of E.C. Act. Learned counsel for the petitioner submits that the allegations are not at the behest of licensing authority or persons competent to enter, search and seizure under Clause-30 of Bihar Trade Articles (Licence Unification) Order, 1984. In any event, the petitioner being a P.D.S. Dealer, is exempted from such prosecution under Clause-31(1)(c) of the very same order. The F.I.R. by a private individual is dated 12.2.2006, a date on which the Price Distribution System Control Order, 2001 had been promulgated, but was unenforceable in the State of Bihar for absence of necessary statutory notification by the State of Bihar which came to be issued ultimately in February, 2007. 2 If in the interregnum it was the “1984 Control Order” which was applicable, then clearly by reason of Clauses-30 and 31 of the same, as noticed above, the prosecution is not sustainable. On the face of the F.I.R., the allegations are not by a person competent under Clause-30 of the Control Order, 1984. Likewise, the petitioner being a P.D.S. Dealer is clearly exempted from such prosecution under Clause-31(1)(c) in his activities as a P.D.S. Dealer. On both counts the petition is entitled to succeed. The proceedings against the petitioner are, therefore, quashed. The application is allowed. KC ( Navin Sinha, J.)