IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32472 of 2009 SANDEEP KUMAR, son of Ashok Kumar, MJohalla and PS Warsaliganj, district Nawadah – petitioner. Versus STATE OF BIHAR ----------- 3 8.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order taking cognizance, dated 7.7.2007 passed by the Chief Judicial Magistrate, Nawadah in Warsaliganj PS Case No. 81/2006. The allegation in the F.I.R. is that a raid was conducted on 8.8.2006 by the Block Supply Inspector, Warsaliganj in the house of Munna Kumar and one Md. Nasim. Three drums of kerosene oil bearing the name of three P.D.S. dealers was recovered from a room in the house of Munna Kumar. Munna Kumar was not present. His wife disclosed that the house was taken on rent by this petitioner and the petitioner is involved in black marketing of kerosene oil. She also produced before the Block Supply Inspector copy of the lease deed to substantiate the fact that the petitioner was a tenant of Munna Kumar. Similarly kerosene oil was also recovered from the house of Md. Nasim and it has been stated by Md. Nasim that Arvind Kumar was tenant of Md. Nasim. Learned counsel for the petitioner refers to Cr. Misc. No. 1925/2008 wherein this court has quashed the entire 2 prosecution with respect to Arvind Kumar on the ground that the A.P.P. was not in a position to show as to the complicity of the petitioner in storing and black marketing of the blue kerosene oil has been brought about. He was not able to show any nexus between the petitioner and the seized kerosene oil. Counsel for the State refers to paragraphs 9 and 10 and the statements of the Block Supply Inspector to support the prosecution version and the fact that the wife of Munna Kumar had produced documents to show that the petitioner was a tenant in the house. In this case this court vide Cr. Misc. No. 47811/2007 has quashed the proceeding as far as it concerns Ashok Kumar Singh and Achute Nand Singh, P.D.S. dealers vide order, dated 16.2.2009 relying on the aforesaid order. The proceeding against Om Prakash Onkar has been quashed vide Cr.Misc. No. 24349/2008 on 21.7.2009. It is apparent from the case diary that several witnesses, apart from the raiding party have supported the aspect that the petitioner is tenant in the house of Munna Kumar and that he indulges in black marketing of K.Oil. This court, therefore, cannot agree with the order, dated 7.3.2008 passed in Cr. Misc. No. 1925/2008 specially in view of the fact that 48 drums were recovered out of which three drums bore the name of P.D.S. dealers who have been made accused in this case. Storage of blue kerosene oil without licence would also amount to an offence as it 3 is not permissible for any one to store in such large quantity without any explanation whatsoever. This application is, thus, dismissed. However, it goes without saying that the petitioner would be entitled to raise any defence / explanation at appropriate stage of the case. haque (Sheema Ali Khan, J.)