IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38305 of 2006 RAMESHWAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 03 17.3.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is a Public Distribution System dealer, aggrieved by his prosecution under Section 7 of the Essential Commodities Act in Sanjhauli P.S. Case No. 17 of 2004/ G.R. No. 317 of 2004 and the order of cognizance dated 13.7.2004 thereunder. Learned counsels submits that the date of occurrence is 25.5.2004. Placing reliance on Clause- 31 (2) (III) of the Bihar Trade Articles (Licenses Unification) Order, 1984, he submits that the prosecution was not maintainable against a Public Distribution System dealer. That this issue has been decided by this Court in more than one order. He next submits that the aforesaid order of 1984 has been replaced by the Public Distribution System Control Order, 2001 promulgated by the Central Government. After its promulgation, the Trade Articles (Licenses Unification) Order was no more workable. The order of 2001 was also not workable in the State of Bihar till February, 2006 when the necessary notification for 2 enforcement and implementation thereof in the State of Bihar came to be issued. There was thus no provision for prosecution of the petitioner in law on the date of alleged occurrence. This Court on consideration of the aforesaid submission upholds the contention of the petitioner that there is existed no valid law for his prosecution enforceable as on 25.5.2004. The application has, therefore, to be allowed. The entire prosecution of the petitioner in Sanjhauli P.S.Case No. 17 of 2004 is hereby quashed. P.K. (Navin Sinha, J.)