IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46512 of 2007 PREM CHANDRA KESHARI, S/o Late Bishwanath Keshari, R/o Terhi Bazar, Dumraon, P.S. Dumraon, District – Buxar ….. Petitioner Versus STATE OF BIHAR ----------- 3 21.1.2009 Heard Mr. N.K.Agrawal, the learned counsel for the petitioner and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. This application has been filed by petitioner herein for quashing of the order dated 10.9.2007 passed in Dumraon P.S. Case No. 197 of 2004 (G.R. No. 1940 of 2004) by the learned Sub Divisional Judicial Magistrate, Buxar, whereby cognizance has been taken against the petitioner for offence under Section 7 of the Essential Commodities Act (hereinafter referred to as “the E.C.Act”). It appears that the Supply Inspector, Dumraon addressed a written report to the Officer Incharge, Dumraon P.S. , inter alia, stating therein that on 20.10.2004 from the house of petitioner 1340 litre kerosene oil was seized. It was suspected that the kerosene oil is of Sanjeev Keshari a P.D.S. dealer (son of the petitioner). The informant suspected that the kerosene oil in question was kept for the purpose of sale in black market in which petitioner and his son are involved. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. It was further submitted by the learned counsel for the petitioner that if it is presumed that the kerosene oil seized was for the purpose of - 2 - sale in black market the F.I.R. does not disclose the Order made under section 3 of the E.C. Act alleged to have been violated by the petitioner. It was also submitted by the learned counsel for the petitioner that the cognizance of Bihar Trade Articles (Licenses Unification) Order 1984, in relation to kerosene oil has been held to be not workable and enforceable in the eye of law. There appears sufficient force in the submissions advanced by the learned counsel for the petitioner. The learned counsel for the State is not in a position to refute any of the proposition of law advanced by the learned counsel for the petitioner. Having perused the records and the documents available herein I am of the view that this application should succeed. Section 7 of the E.C. Act deals with person who contravene any Order made under Section 3 of the E.C. Act but if there is no contravention of any Order then no criminal case can be launched against any person. The first information report of the instant case does not disclose as to which of the Orders made under Section 3 of the E.C. Act had been contravened / violated . Therefore, the cognizance under Section 7 of the E.C. Act is bad and fit to be quashed. In the result the application is allowed and the order taking cognizance so far as the petitioner is concerned is hereby quashed. Spd/- (Abhijit Sinha, J.)