IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11418 of 2008 SATYANARAYAN SAH Versus STATE OF BIHAR ----------- 2. 30.4.2010 Heard learned counsel for the petitioner and the State. The contention is that the petitioner is a P.D.S. dealer, lawfully in possession of blue Kerosene oil for distribution. The allegations are of allegedly selling the same at higher price in the black market. There is no allegation whatsoever that the kerosene oil which the petitioner was in possession of as an authorized P.D.S. dealer was stolen. The question of invoking Section 414 of the Penal Code against him does not arise as the allegations do not contain the essential ingredients that it was stolen kerosene oil, concealed or being disposed aware of its stolen origin. It is next submitted that in a departmental enquiry the allegations under Section 7 of the Essential Commodities Act have not been found true. Counsel for the State submitted that the submission of the petitioner under the Essential Commodities Act are in the nature of his defence which has to be examined by the trial Court itself at the appropriate stage. 2 This Court is satisfied that the allegations on the face of it do not make out any case for trial against the petitioner under Section 414 of the Penal Code, as there are no allegations to invoke applicability thereof. The proceedings in Mansi P.S. Case NO. 70 of 2007/ G.R. Case No. 1247/07 pending before the SDJM, Khagaria against the petitioner is quashed to the extent of Section 414 IPC only. This order shall not prejudice the rights of the petitioner in light of his submissions with regard to the prosecution under the Essential Commodities Act before the Court below pursued at the appropriate stage. The application is allowed to the extent indicated. P. Kumar (Navin Sinha, J.)