IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10527 of 2008 GOVIND SAO Versus STATE OF BIHAR ----------- 4 27.04.2010. Heard learned counsel for the parties. The petitioner prays for quashing order dated 1.9.2007, passed by the Sub Divisional Judicial Magistrate, Sherghati at Gaya taking cognizance agasint the petitioner u/s 7 of the E.C.Act in Barachatti (Mohanpur) Police Station case no. 87 of 2007 dated 10.7.2007. The petitioner submits that he is not PDS dealer, as such, he cannot be prosecuted under section 7 of the E.C. Act. In support of his contention, learned counsel relied upon a decision rendered in case of Mahanthi Yadav and another Vs. State, reported in 2007(2) PLJR 289 and other decisions as well on this point. Learned counsel for the State does not controvert the proposition of law formulated by the petitioner. In that view of the matter, the impugned order dated 1.9.2007, passed by the Sub Divisional Judicial Magistrate, Sherghati in Barachatti (Mohanpur) Police Station case no. 87 of 2007 is quashed. The instant petition stands allowed in the aforesaid terms. Shashi. (Samarendra Pratap Singh,J.)