IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46562 of 2008 MODAN KUMAR, SON OF OM PRAKASH CHOURASIA, RESIDENT OF MOHALLA KILA, P.S. SASARAM(T), DISTRICT ROHTAS. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. NAND KISHORE RABIDAS, SON OF MUNDRIKA RABIDAS, SUPPLY INSPECTOR, SASARAM, DISTRICT ROHTAS. ----- OPPOSITE PARTIES For the Petitioner :- Mr. Ashok Kumar Mishra, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 4 19.3.2010 Heard the parties. Learned counsel for the petitioner has challenged the order dated 14.8.2008, passed by the Sub- divisional Judicial Magistrate, Sasaram in G.R. No. 1156 of 2006/Tr. No. 2780 of 2006 by which the Court has refused to discharge the petitioner for offences alleged to have been committed under Section 7 of the Essential Commodities Act. The allegation is that 384 liters of K. Oil was kept along with the measurement equipment near a cupboard besides a well. Learned counsel for the petitioner submits that he is not a P.D.S. dealer and that the recovery was made from near the well and it cannot be said that K. Oil belongs to him on the basis of the said seizure. These aspects of the matter will be considered by the Court during trial along with any other points raised 2 on behalf of the petitioner. This Court is not inclined to interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)