IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35560 of 2007 SHRI NIWASH MISHRA Versus STATE OF BIHAR ----------- 5/ 23.07.2008 Heard Mr. K.K. Ojha learned Counsel for the petitioner and Mr. Bipin Kumar learned APP for the State. The petitioner who happens to be a dealer under the Public Distribution System is sought to be prosecuted under Section 7 of the Essential Commodities Act (E.C. Act in short) in connection with Koransarai P.S. Case No. 1 of 2007. It appears that the supply inspector, Dumraon lodged a First Information Report stating that 320 litres of kerosene oil was recovered and seized from a tractor being driven by one Pradeep Kumar Mishra who disclosed that the kerosene oil belonged to the petitioner and was being taken to Barkagaon (Itarhi). It is well settled by several decisions of the Apex Court as also this Court that dealers under the Public Distribution System being agents of the Government cannot be prosecuted and are exempt from prosecution under the provisions of Clause-31 (2) of the Bihar Trade Articles (Licenses Unification) order, 1984 and the prosecution of the petitioner would be an abuse of the process of the Court. Due regard being had to the facts and circumstances of the case and the law laid down on the subject the impugned order taking cognizance dated 13.04.2007 in Koransarai P.S. Case No. 1 of 2007 is hereby quashed and the application is allowed. kksinha/ (Abhijit Sinha, J.) 2