IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44390 of 2007 CHHOTAN PODDAR Versus STATE OF BIHAR & ANR ----------- 2 16.7.2008 The petitioner has challenged the registration of Bakhari P.S. Case No. 80 of 2007 dated 29.8.2007 under Section 7 of the Essential Commodities Act. The allegations against the petitioner are that 200 litres of kerosene oil were kept aside by the salesman of the petitioner and the salesman was selling kerosene oil in black market. Learned counsel for the petitioner submits that the petitioner is a P.D.S. dealer and he is protected by Sub clause 2 of Section 31 of the Essential Commodities Act. It is therefore, submitted on behalf of the petitioner that the very prosecution of the petitioner is illegal and is liable to be quashed. Learned counsel for the petitioner has referred three orders passed in Cr. Misc. No. 53674 of 2007 dated 3.3.2008; Cr. Misc. No. 39109 of 2007 dated 5.2.2008 and Cr. Misc. No. 24109 of 2007 dated 28.1.2008 whereby a different bench of this court has quashed the institution of the case under Section 7 of the Essential Commodities Act by holding that the petitioner being a P.D.S. dealer is protected by Sub-clause 2 of Section 31 of the Bihar Trade Article (Licence, Unification Order) 1984. The petitioner’s case is governed by the orders of this Court aforesaid. In the result the prosecution of the petitioner in Bakhari P.S. Case No. 80 of 2007 dated 29.8.2007 is quashed and as such this application is allowed. Sanjay (Sheema Ali Khan, J.)