IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50811 of 2008 DWARIKA SAH @ DWARIKA PRASAD Versus STATE OF BIHAR ----------- 2 13.5.2010 The petitioner prays for quashing of the order dated 27.4.2006 passed by the S.D.J.M. Arrah in Bihiya P.S. Case No.27/04 by which he has taken cognizance of offence under section 7 of the E.C.Act against the petitioner. It is stated by the informant Supply Inspector, Bihiya that on 3.5.2004 he seized 13 plastic jar of Nepali Dalda loaded on Thela in front of the shop of the petitioner. On query the Thela puller stated that a unknown person purchased the same from the shop of the petitioner. Learned counsel for the petitioner states that the petitioner is a whole sale license holder of edible oil. He submits that the Central Government by notification GSR-104(E), dated 15.2.2002 has removed licensing requirement, stock limit and movement restriction on specified food stuff by clause 3 of the aforesaid notification. He further submits that the State Government vide notification no.GSR-10(E) dated 15.2.2002 has deleted edible oil food grains etc. from the provisions of Bihar Trade Articles (License Unification Order), 1984. He submits that no offence is made out in the facts and circumstances of the case in absence of any control over edible oil including Nepali Dalda. This court in similar circumstances in the case of Ram Binod Sah Vs The State of Bihar disposed of on 2 KHAN 25.11.2005 in Cr.W.J.C.No.386 of 2005 has quashed the order taking cognizance. In the circumstances, the impugned order dated 27.4.2006 taking cognizance passed by the S.D.J.M., Arrah in Bihiya P.S. Case No.27/04 is quashed. In the result, this application is allowed. (S.P.Singh,J)