IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18546 of 2007 ***** Rabindra Singh @ Rabindra Kumar son of Shyam Nandan Singh, resident of village- Siyarampur, P.S. Paliganj, District-Patna. …. …. Petitioner Versus 1. The State of Bihar. 2. Sanjay Kumar, Incharge Block Supply Officer, Paliganj, P.S. Paliganj, District-Patna. …. …. Opposite parties ----------- For the Petitioner : Mr. Mrigank Mauli, Advocate Mr. Vinay Mistri, Advocate For the State : Dr. Mayanand Jha, A.P.P. ------------ 6. 8.5.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. An inspection by the Block Supply Officer was conducted on 13.12.2005, in the premises of the petitioner. In the course of search 100 liters of diesel and some empty gallons and drums were found. Allegation was made that diesel was being sold illegally and, therefore, an F.I.R. was lodged and cognizance taken against the petitioner under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that he has a valid licence under the Bihar Motor Spirit and High Speed Oil Dealers Licence Order, 1965 having License No.7/97. License has been renewed from time to time from 1997 till 31.12.2005, which is evident from Annexure-2 and for the subsequent year renewal fee has already been deposited in terms of Annexure-3. In that view of the same the, prima facie, it cannot be said that the petitioner was dealing with the product in breach of E.C. Act or any Order notified thereunder. - 2 - Submission of learned counsel for the petitioner is that in view of the above facts the order taking cognizance under Section 7 of the E.C. Act seems to be misplaced. Prima facie, if no doubt is raised with regard to Annexures-2 and 3 then the Court has no hesitation in recording, for the sake of argument, that the petitioner was not carrying on any illegal sale of diesel. He has a valid license which was valid till 31.12.2005 and the raid was conducted on 13.12.2005, that itself is a good enough ground to interfere with the impugned. Petitioner has made out a case for interference, the impugned order dated 16.12.2006 passed by the Additional Chief Judicial Magistrate, Danapur in Paliganj P.S. Case No. 30 of 2006 stands quashed. The application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)