IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9668 of 2008 BAIJNATH SAH @ BAIJU SAH, S/O RAMAUTAR SAH, RESIDENT OF SARAIRANJAN, P.S. SARAIRANJAN, DISTRICT SAMASTIPUR .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /4/ 12.05.2010 Heard the counsel for the parties. 2. This application is directed for quashing the order taking cognizance, dated 23.08.2007, passed in Sarairanjan P.S. Case No. 70 of 2007 by Additional Chief Judicial Magistrate, Samastipur. 3. The allegation is that huge quantity of food grains were recovered to the tune of 69 quintals of wheat and 80 bags of rice, which contained the mark of the Food Corporation of India. 4. The learned counsel for the petitioner submits that there is no storage limit about the wheat and rice under the Bihar Trade Articles (Licences Unification) Order, 1984, or Fair Price Shop Order, 2007, which come into effect on 20th February, 2007, and, hence, contends that the petitioner is not the Public Distribution System dealer and it has not - 2 - been mentioned that which provision under Section 3 of the Essential Commodities Act has been violated and further contends that there is no storage limit for wheat and rice and so no prosecution can not be initiated for violation of any provision for which the cognizance has been taken. 5. The learned counsel for the State, however, could not find or point out violation of any of the provision which states about the limit or the maximum price or there any allegation that the petitioner was engaged in selling or even that what is the maximum price which was violative for black marketing. 6. Having regard to the facts and circumstances, the impugned order is set aside and this application is allowed. S.A. (Gopal Prasad, J. )