IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47811 of 2007 1. ASHOK KUMAR SINGH 2. Achutanand Singh …………………………….. Petitioners Versus STATE OF BIHAR ----------- 3. 16.02.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioners who were PDS dealers are aggrieved by the order of cognizance dated 7.7.2006 passed by SDJM Nawadah in Warsaliganj PS Case No. 81 of 2006 under Section 7 of the Essential Commodities Act. Learned Counsel for the petitioners submits that earlier the licenses of the petitioners were governed by the Bihar Trade Articles Licence Unification Order 1984. Clause 31 (1)( C ) excluded the PDS dealers from prosecution thereunder. In the year 2001 the Central Government promulgated PDS Control Order. The State Government was required to issue necessary notification thereunder for its enforcement and which has been issued in February 2007. Therefore, after promulgation of the new Order in 2001 till issuance of the necessary notification by the State Government in February 2007, the petitioners at best would stand governed by the Order of 1984 which excludes PDS dealers from its operation. It is next submitted that on the allegation of Kerosene Oil allegedly being found in the name of the petitioners at a premises other than the licensed constituting breach of conditions of the licence, their licenses have already been cancelled. In view of the limited submission with regard to the non- admissibility of the PDS Control Order 2001 till February 2007 as in the State of Bihar and the exemption of the petitioners under Clause 31 (1) ( C ) of 1984 Order the present prosecution of the petitioners is not sustainable. The entire proceeding including the order of cognizance against the petitioners in Warsaliganj PS Case No. 81 of 2006 is accordingly quashed. This application is allowed. Snkumar/- (Navin Sinha,J.)