IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57083 of 2007 SIDHESHWAR CHOUDHARY, S/o Late Budhan Choudhary, Resident of Village Naily, P.S. M.M.C.H., District- Gaya. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 16.04.2010 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing the order dated 03.01.2007 / 26.03.2007 passed by Chief Judicial Magistrate, Gaya, whereby cognizance has been taken under Section 7 of the Essential Commodities Act in Magadh Medical P.S. case no. 58 of 2006 / Tr. No. 1792 of 2007. Learned counsel submits that the Public Distribution Control Order, 2001 was issued by the Central Government and came into effect in the year, 2007. Clause 10 of the aforesaid order authorized the State Government to nominate a competent person to make search and seizure. The aforesaid notification was issued in February, 2007, In 2001, the Public Distribution Order was not workable and the seizure made was wholly unauthorized. In the circumstances, the impugned order dated 03.01.2007 / 26.03.2007 taking cognizance passed by Chief Judicial Magistrate, Gaya in Magadh Medical P.S. case no.58 of 2006 / Tr. No. 1792 of 2007 is quashed. This application is, accordingly, allowed. Uday/ (Samarendra Pratap Singh, J.)