IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56484 OF 2007 1. LALIT SAH, SON OF SHRI JAWAHAR SAH, RESIDENT OF VILLAGE PARRI, POLICE STATION BANGAON AND DISTRICT SAHARSA 2. SHYAM SAH, SON OF LATE LOWAI SAH, RESIDENT OF VILLAGE MURLI, BASANTPUR, POLICE STATION BANGAON, DISTRIT SAHARSA ……………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR …………………………………………..RESPONDENT *********** FOR THE PETITIONERS :- MR. RAMESH KUMAR AGRAWAL, ADVOCATE MR. VIKASH KUMAR SINGH, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ********** 9 15/04/2011 The petitioners are aggrieved by the order dated 03.05.2007 passed by the Sub Divisional Judicial Magistrate, Saharsa by which he has taken cognizance against the petitioners for the offences under Section 7 of the Essential Commodities Act, 1955 in Bangaon Police Station Case No. 59 of 2006. The allegations against the petitioners who were kerosene oil vendors is that they were to supply 1000 lts. of Kerosene Oil to the local consumers, however, between the two accused persons, each of them supplied only 800 lts. of Kerosene Oil each. The occurrence relates to the period November, 2006. Counsel for the petitioners submits that the prosecution would not be maintainable as the Public Distribution System Control Order, 2001 was promulgated with the provision that it would be notified and be made effective by the State concerned through a 2 notification. The State of Bihar enforced the said order on 20.02.2007. Thus, during the period for which the offences were committed, there was no control order with respect to the control of Kerosene Oil. This case is also covered by a decision of this Court in the case of Binod Kumar Roy vs. The State of Bihar [2008 (3) PLJR 169. Accordingly, I quash the order dated 03.05.2007 passed by the Sub Divisional Judicial Magistrate, Saharsa in Bangaon Police Station Case No. 59 of 2006. In the result, this application is allowed. Anand ( Sheema Ali Khan, J.)