IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5553 of 2009 BIRBAL MANJHI S/O LATE SHYAMDEO MANJHI Versus STATE OF BIHAR ----------- For the petitioner : Mr. N.K. Agrawal : Mr. Vijay Anand For the State : Mr. D. Surendra ------------- 2. 11.08.2010 The petitioner seeks quashing of the order dated 2.8.2008 passed by the Chief Judicial Magistrate, Gaya in Buniyadganj P.S. Case No. 22/2007 by which he has taken cognizance under Section 7 of the Essential Commodities Act. The case of the prosecution is that the petitioner who was P.D.S. and had loaded eight bags of wheat of grains on a cart it was suspected that he was taking it for black marketing. The contention of the petitioner is that under no circumstances the loading of eight bags of grains on a cart found at a different location would make out a case of black marketing against the petitioner and the entire case is based merely on speculation. I am inclined to accept the arguments advanced and therefore this application is allowed and the order dated 2.8.2008 passed by the Chief Judicial Magistrate, Gaya in - 2 - Buniyadganj P.S. Case No. 22/2007 by which he has taken cognizance under Section 7 of the Essential Commodities Act, is hereby quashed. Fahad. ( Anjana Prakash, J. )