IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.436 of 2008 HARI SHANKAR SAH Versus THE STATE OF BIHAR ----------- 07 1.5.2008 The petitioner Hari Shankar Sah, who happens to be a licensed dealer of Diesel oil is apprehensive of his arrest in connection with Pachrukhi (G.B.Nagar) P.S. Case No. 94 of 2007 registered under Section 7 of the E.C. Act and has prayed for anticipatory bail. It appears that about 600 litres of K.Oil was found in his Diesel shop along with other items and it was presumed that the petitioner was carrying on business of adulteration converting K.Oil into Diesel and, therefore, it was prayed that action under Section 7 of the E.C. Act be taken. Since, the petitioner is already a licensed dealer of Diesel, Section 7 E.C. Act could not have applied to him on the recovery of K.Oil from the Diesel Shop. So far as another aspect of the matter for prosecution under Section 7 of the E.C. Act, it is by law required that such prosecution can only be taken when any Order made under Section 3 of the E.C.Act is specifically alleged to have been violated. In the event of arrest or surrender by the petitioner Hari Shankar Sah, in the Court below within a period of three weeks’ from today he shall be enlarged - 2 - on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Pachrukhi (G.B. Nagar) P.S. Case No. 94 of 2007 subject to the conditions laid down in Section 438(2) Cr.P.C. P.K. (Abhijit Sinha,J.)