IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34291 of 2008 Pankaj Kumar, Son of Ramnandan Singh, Resident of Village Aeruri, PS Pakribarawan, District Nawadah, Bihar --- Petitioner Versus The State Of Bihar ---- Opposite Party ----------- 7 8.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order of cognizance dated 28.3.2007, passed in Pakribarawan P.S. Case No. 71 of 2006 under Section 7 of the Essential Commodities Act. The allegation in the First Information Report is that some Rickshaw pullars were taking two drums of K. Oil belonging to the petitioner Pankaj Kumar. It is said that on the way the said rickshaw went out of order, and on the instruction of the petitioner the K.Oil handed over to one Sanjay Singh. The only material to show that the K.Oil could have belonged to Sanjay Singh was that one of the drums had his name and licence number printed on the drum. On investigation the police came to the conclusion that K.Oil in question belonged to Pankaj Kumar which was supported by rickshaw pullars and others. It was said that K.Oil was being carried from the wholesaler to the distribution point when it was intercepted by the informant. On the basis of the aforesaid investigation final form was submitted as far as this petitioner is concerned. The Court differed with the final form on the ground that the police ought to have been investigation as to the manner in which Pankaj Kumar had sold K.Oil after 31.7.2006. 2 According to this Court, investigation on the point as to how and when the petitioner has sold K.Oil from the date on which it was seized cannot be a reason for holding that the petitioner has committed an offence under Section 7 of the Essential Commodities Act as there is no material to show that he was taking Oil to sell in black market or that his stock register prior to the date of seizure was not properly maintained etc. In the circumstances aforesaid, this Court comes to the conclusion that no cogent grounds have been made out by the Sub- divisional Judicial Magistrate, Nawadah for taking cognizance. In the result, the order dated 28.3.2007, passed in Pakribarawan P.S. Case No. 71 of 2006 is quashed as far as this petitioner is concerned. This application is allowed. Sanjay ( Sheema Ali Khan, J.)