IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1483 of 2008 RITESH KUMAR, SON OF UMA SHANKAR PRASAD, RESIDE- NT OF VILLAGE-MAFI GALI, P.S. WARSALIGANJ, DISTRICT- NAWADA ------------------ PETITIONER Versus THE STATE OF BIHAR ------------ OPP.PARTY ----------- 3 27-11-2008 Heard Mr.Ajit Lal, the learned counsel for the petitioner and Dr.Maya Nand Jha, the learned A.P.P. for the State. The petitioner one of the F.I.R. named accused of Warisaliganj P.S.Case no.80 of 2006, registered under Section 7 of the Essential Commodities Act (herein after referred to as “the E.C.Act”) has prayed for the quashing of the aforesaid F.I.R. The prosecution case as based on the written report submitted by the Block Supply Officer, Warisaliganj, Nawada inter alia is that on 4.8.2006 at about 7.30 P.M., the Assistant Sub-Inspector of Warisaliganj Police Station in course of patrolling duty detected a bullock-cart loaded with eight jerrycans containing blue Kerosene Oil near Simari Bigha Bajrangbali Asthan . On search being made for the bullock cart driver, two persons identifying themselves as Sudhir Singh and Karoo Singh appeared and apart from stating facts also submitted their written statements to the police stating therein that the said blue Kerosene Oil , 300 Litres in all, belonged to Prabhat Singh, Mantun Singh and Pappu Singh of village Dherbeshpura, where they were carrying the same after collecting it from the shop of the petitioner in Warisaliganj. The said Kerosene Oil was seized under a seizure list. Accordingly, a request was made to take action against Prabhat Singh, Mantun Singh, Pappu Singh - 2 - and the petitioner under Section 7 of the E.C. Act on presumption that the Kerosene Oil was meant for black-marketing. It has been submitted on behalf of the petitioner that he is innocent and has no concern with the seized Kerosene Oil, as he was appearing at the final examination of B.A.Part-II from 24.7.2006 to 5.8.2006. However, I am of the view that this application is fit to be allowed on two grounds: Firstly, that the written report submitted by the Block Supply Officer does not disclose as to which Order made under Section 3 of the E.C. Act has been violated or contravened. Admittedly, Section 7 of the E.C. Act deals with the persons who contravene any Order made under Section 3 of the E.C. Act, but there is no allegation of any Order made under Section 3 of the E.C. Act having been violated or contravened and in the absence of such declaration, no criminal case would lie. Secondly, the mere statement that the blue Kerosene Oil was being carried presumably for black-marketing cannot hold the field unless there was some indication of the same being sold and there being some element of black-marketing involved. For the reasons stated above, this application succeeds and the F.I.R. so far as the petitioner is concerned is hereby quashed. ( Abhijit Sinha, J ) NKS/-