IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40364 of 2009 1. Bindo Devi, wife of Sri Nand Lal Shukla, Road Mina Gali, PS Town, Dist. Muzaffarpur. 2. Samarti Devi, wife of Late Jagdish Paswan, village Bhagwati Chheatpur, PS Yahiyapur, Dist. Muzaffarpur. 3. Mohammad Rashid, son of Late Md. Mian Jan, village Chhit Bhagwatipur, PS Yahiyapur, Dist. Muzaffarpur – petitioners. Vs. The State of Bihar. 3 27.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 21.10.2008 passed by the Subdivisional Judicial Magistrate, (East), Muzaffarpur in Town PS Case No. 268/2007 by which cognizance for the offence under section 7 of the Essential Commodities Act has been taken against the petitioners. The petitioners are vendors who were carrying 100 liters or so of kerosene oil for distribution. They were apprehended while carrying the said oil on their Thelas on the suspicion that they were going to sell it in black market. Learned counsel for the petitioners submits that except for the suspicion there is no material at all in the case diary to substantiate the claim that these petitioners were going to sell the kerosene oil at black market price. The court had called for the case diary. Counsel for the State on perusal of the entire case diary fairly states that there is no material on record to indicate that the petitioners were carrying kerosene oil for the purpose of selling the same in the black market. Considering the fact that there is no material to make 2 out an offence under section 7 of the Essential Commodities Act against the petitioners, the impugned order taking cognizance is hereby quashed. This application is allowed. haque (Sheema Ali Khan, J.)