IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.981 of 2010 JAI GOVIND SAH, S/o Late Ram Prasad Sha, R/o Village-Malhipur, P.S.-Chenari, Distt.-Rohtas at Sasaram. Versus THE STATE OF BIHAR. ----------- 02. 13.08.2010 Supplementary-affidavit filed be kept on record It has been submitted that even though the petitioner had sought quashing of the First Information Report of Chenari P.S. Case No. 66 of 2009 instituted for offences under Section 7 of the Essential Commodities Act but now the charge-sheet has been submitted. His prayer has now been modified to quash the order of cognizance dated 18.01.2010 passed by the SDJM, Rohtas at Sasaram. The case of the prosecution is that on 08.08.2009 some bags of grains were found loaded on a truck which had reportedly been lifted by the petitioner and the same was going to be black marketed by him. The submission of the counsel for the petitioner is that he had just lifted the grains and the truck was on the way to his shop and therefore there can be no presumption that the petitioner was in preparation of committing black marketing of the grains. In view of such, this application is allowed and the order dated 18.01.2010 passed by the SDJM, Rohtas at Sasaram in Chenari P.S. Case No. 66 of 2009 is hereby quashed. Vikash/- (Anjana Prakash, J.)