IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29405 of 2008 RAJENDRA PASWAN, son of Late Ramdeo Paswan, village Damodarpur, PS and District Lakhisarai – Petitioner. Versus STATE OF BIHAR ----------- 2 6.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has prayed for quashing of the F.I.R. of Lakhisarai (Kabaiya) PS Case No. 339 of 2007 instituted under section 7 of the Essential Commodities Act. The submission on behalf of the petitioner is that he is a dealer under the public distribution system. The main allegation is that the tractor and the driver have said that the food grains were lifted from the petitioner’s shop which does not constitute any offence. It is further submitted that no anomaly was found on inspection of the shop. It is further submitted that even if it is presumed that the grains belongs to the petitioner, no substantial offence is made out under section 7 of the Essential Commodities Act because the grains were not being taken for the purpose of being sold in the black market. The case is still under investigation and as such this court cannot hold that offence is not made out against the petitioner under section 7 of the Essential Commodities Act. This application is dismissed. haque (Sheema Ali Khan, J.)