IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30494 of 2007 Jitendra Kumar @ Jitendra Prasad, Son of late Dhruv Prasad, resident of Village Malahi Nawaka Tola, P.S. Malahi District East Champaran .. Petitioner Versus The State of Bihar .. Opposite Party **** /5/ 07.11.2008 Heard the counsel for the petitioner. 2. No one appears for the State. 3. This application has been filed by the petitioner for quashing the order, dated 16.03.2007, whereby the Chief Judicial Magistrate, East Champaran, has taken cognizance under Section 7 of the Essential Commodities Act against the petitioner in connection with Gobindganj P.S. Case No. 5 of 2007. The petitioner has also prayed for quashing of the entire proceeding pending in the Court of the Chief Judicial Magistrate, East Champaran. The Assistant Sub Inspector of Police, Gobindganj Police Station, who is the informant of the case, received some information that petitioner is indulged in black marketing of kerosene oil and at his residence sufficient quantity of kerosene oil has been - 2 - stocked for the purposes of black marketing. On this information, raid was conducted at the residential house- cum-shop of the petitioner. Two gallons, each containing fifteen liters of kerosene oil, were recovered and seized. On further search two drums of kerosene oil, each containing 50-40 liters of kerosene oil, were also seized. It is alleged that no valid paper for selling kerosene oil was produced by the petitioner. Kerosene oil was seized by preparing seizure list and the petitioner was arrested. 4. After investigation, charge sheet was submitted and cognizance has been taken under Section 7 of the Essential Commodities Act against the petitioner. 5. The petitioner has challenged the order, taking cognizance, on the ground that since the petitioner is not a dealer and licensee under the Bihar Trade Articles (Licenses Unification) Order he can not be prosecuted for violation of any of the terms of the licence issued under the Bihar Trade Articles (Licenses Unification) Order. Entire criminal proceeding initiated against the petitioner is required to be quashed on this very ground. Another ground, which has been taken by the petitioner, is that the Assistant Sub - 3 - Inspector of Police, who has made search and seizure, is not authorized under Section 30 of the Bihar Trade Articles (Licenses Unification) Order for making any search and seizure. This has also made initiation of the criminal proceeding against the petitioner void and fit to be quashed. Both the grounds are well settled and have been decided in many cases. The Assistant Sub Inspector of Police has not authorized under Section 30 of the Bihar Trade Articles (Licenses Unification) Order, as such, initiation of criminal proceeding is void. Another ground that petitioner is not a licensee and can not be deemed to have violated any terms and conditions and the licence issued under the Bihar Trade Articles (Licenses Unification) Order and not liable to be prosecuted under Section 7 of the Essential Commodities Act is also a well settled law. 6. Considering these grounds, the proceeding initiated for violation of the terms and conditions of the Bihar Trade Articles (Licenses Unification) Order and thereby committing an offence under Section 7 of the Essential Commodities Act is fit to be quashed. Accordingly, the entire proceeding of Gobindganj P.S. Case - 4 - No. 5 of 2007 is quashed. 7. However, counsel for the petitioner has not been able to say that any licence has been issued to the petitioner for selling the kerosene oil by the District Authority. Admittedly, recovery has been made from his premises, this can be considered by the District Authorities for taking proper action against the petitioner in accordance with law. 8. With these observations and directions, this application is allowed. S.A. ( Mridula Mishra, J.)