IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25350 of 2009 MD.YUSUF . Versus STATE OF BIHAR . ----------- 2. 05.04.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 (hereinafter referred to as ‘the Order’) has been framed under Section 7 of the Essential Commodities Act. Clause 12 of the order defines a person vested with the powers of entry, inspection, search and seizure. Learned Counsel for the petitioner assailing the order of cognizance dated 4.6.2008 under Section 7 of the Essential Commodities Act by the SDJM Patna in Special Case No. 47 of 1990 submitted that in the present case the allegations, with regard to non fulfillment of the provisions of the aforesaid Order, have been made by the Supply Officer, an authority incompetent under Clause 12 of the Order. Learned Counsel for the State submits that if the allegations have been made the rest are matters for trial. Counsel for the petitioner has rightly relied upon a Bench decision of this Court in 2007 (1) PLJR 73, holding that an illegal search and seizure operation cannot be the foundation of a prosecution since it is an illegality at the very inception which cannot be cured and quashing such prosecution on an invalid search and seizure relying upon certain earlier decisions of this Court noticed in Paragraph 11. The entire prosecution of the petitioner having been initiated by a person incompetent to do so on the face of the allegations this Court is satisfied that it shall not be in the interest of justice to allow the prosecution to continue. The entire proceedings against the petitioner in Special Case No. 47 of 1990 pending before the Court of SDJM Patna is hereby quashed. This application is allowed. Snkumar/- (Navin Sinha,J.)