IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19098 of 2010 SIYARAM RAI, S/o Sri Ramdeo Rai, R/o Village-Basanta Jehanabad, P.S.- Lalganj, Distt.-Vaishali at Hajipur (An Ex-dealer appointed under Public Distribution System of Basanta Jehanabad Panchayat) Versus THE STATE OF BIHAR ----------- 02. 03.03.2011 Supplementary-affidavit filed today be kept on record. The petitioner is aggrieved with the order dated 07.11.2007 passed in Lalganj P.S. Case No. 102 of 2007 dated 11.04.2007 by which the Chief Judicial Magistrate, Vaishali at Hajipur for the offences under Section 7 of the Essential Commodities Act. It has been submitted that the petitioner was a dealer under PDS scheme and being an agent he should not be prosecuted under the Essential Commodities Act since he had had not obtained license as a retailer under the Unification Order and, therefore, he should not be charged with having offended any of the provisions of the license granted under the said scheme. However, on going through the facts of the case, I find that there are some allegations which could be strictly punishable under Section 7 Essential Commodities Act but there are other allegations which make out a clear cut case of Sections 406/409 IPC in the facts of the case. 2 In view of such, the matter is remanded to the Court below for afresh consideration on the point of cognizance under the Sections mentioned above. With these observations, the application is disposed off. Vikash/- (Anjana Prakash, J.)