IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41452 of 2006 Vinod Kumar, Son of Late Narayan Lal, Resident of Village Bhuski, Police Station Khusrupur, District Patna. -------- Petitioner Versus 1. State of Bihar. 2. Ram Narayan Ram, Son of not known, posted as Block Supply Officer, Manjhi, Police Station Manjhi, District Saran. --------- Opposite Parties ----------- For the Petitioner :- Mr. Binod Kumar Singh, Adv. :- Mr. N.K. Agarwal, Adv. For the State :- Mr. Dinesh Singh, APP ------- 10 17.2.2010 Heard learned counsel for the petitioner and counsel for the State. The order taking cognizance dated 28.10.2002 for offence under Sections 406/420/467/471 of the Indian Penal Code and Section 7 of the Essential Commodities Act has been assailed only on the ground that there are materials to show that the allegation of black-marketing against the petitioner was incorrect, inasmuch as, the goods were distributed in presence of the officials of the Supply Department. Counsel further submits that as a matter of fact the informant did not take prior approval of the Food Commissioner before launching of the prosecution. In the opinion of this Court, none of the aforesaid issues would vitiate the order taking cognizance inasmuch as whether the petitioner had distributed the F.C.I. wheat to 2 the card holders of Ration shop or had sold the same in black-marketing cannot be decided in the light of defence documents of the petitioner that too for examining the correctness of impugned order taking cognizance. Such defence on the basis of oral or documentary evidence of the petitioner infact can only be looked into at the stage of trial. As with regard to launching of prosecution without prior approval of the Food Commissioner, it must be found that there is no bar that cognizance cannot be taken for offence under Section 7 of the Essential Commodities Act without prior approval of the Food Commissioner. That being so, this Court would find no merit in this application and the same is accordingly dismissed. The trial court, however, is directed to ensure that an economic offence like the present one is tried out of turn and the same is disposed of within a period of one year from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)