IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50559 of 2007 KAILASH PRASAD, Son of Late Doman Prasad, resident of Village-Shankarpur, Police Station-Neemchak Bathani, District- Gaya ---------------- Petitioner Versus THE STATE OF BIHAR ----------- Opp.Party ----------- For the petitioner : Mr. Rajeev Kumar Labh, Advocate For the State : Mr.Jharkhandi Upadhaya, A.P.P. ------------- O R D E R This application at the instance of one of the F.I.R. named accused of Atri P.S. Case No.97 of 2006 registered under Sections 414/34 I.P.C. and Section 7 of the Essential Commodities Act (hereinafter referred to as “ the E.C. Act”) is for the quashing of the entire criminal prosecution arising therefrom. The prosecution case based upon the written report submitted on 21.9.2006 by the Block Development Officer, Atri, may be noticed briefly. It is alleged that on receipt of confidential information to the effect that the petitioner and two others had stored kerosene oil in large quantity in their shops and houses he conducted a raid, on the directions of the Sub Divisional Officer, Neemchak Bathani, and in the shop and residence of Tantan Sah and Anup Kumar found 10 drums of kerosene oil. It is alleged that Anup Kumar revealed that he had purchased 800 liters of kerosene oil from the petitioner for selling in the black market. The learned counsel for the petitioner has submitted that his prosecution under Section 7 E.C. Act is not maintainable in view of the provisions of clause 31(2) of the Bihar Trade Articles (Licenses - 2 - Unification) Order, 1984, which renders protection to dealers under the Public Distribution System from prosecution. This aspect of the matter has been considered by this Court in several cases, some of which have been appended to the application as Annexures 2 to 5. It was also sought to be submitted by the learned counsel for the petitioner that the offences under Section 414/34 I.P.C. is not sustainable as allegations have also been attributed under the E.C. Act and with the E.C. Act being a self-contained Special law , the Special law would apply and the general law would have no application. I am in agreement with the submissions advanced by the learned counsel for the petitioner. In the result this application is allowed and the criminal prosecution so far as the petitioner is concerned is quashed. ( Abhijit Sinha, J ) Patna High Court, Patna Dated : the 16th February,2009 Nawal Kishore Singh/A.F.R.