IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43756 of 2007 BUCHAI YADAV Versus STATE OF BIHAR & Anr. ----------- 3/ 06.01.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is a P.D.S. dealer questions his prosecution under Section 7 of the Essential of Commodities Act. A short submission is made placing reliance on an order of this Court in Cr. Misc. No. 25290 of 2003 that by reason of the provisions of Section 31 of the Bihar Trade Articles (Licenses Unification) Order, 1984, the prosecution under Section 7 of the Essential Commodities Act was not maintainable against a P.D.S. dealer. In the aforesaid application, this Court while allowing the application on that ground had observed that it shall be without prejudice to the right of the party, the State Government to take appropriate action in law against the agent, i.e. a person like the present petitioner. The present application is allowed in similar terms. The proceedings in Chhatapur P.S. Case No. 114 of 2005 corresponding to G.R. no. 820/2005 and the order of cognizance therein dated 16.04.2007 by the then Chief Judicial Magistrate, Supaul is hereby quashed but with similar observations granting liberty to the prosecution to proceed appropriately against the petitioner under other relevant provisions of law. S.B.P. (Navin Sinha, J.)