IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18740 of 2010 RAJ KUMAR MANJHI . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner: Mr. D.N.Tiwari, Advocate For the State : Mr. Udai Shankar Singh, AC to GA 3 ------- 2. 03.12.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. It is submitted that the criminal case against the petitioner is not under the Essential Commodities Act but under the Penal Code. Therefore cancellation of the licence on that ground is not justified. At best the licence could be considered for suspension during pendency of the criminal case provided the condition under Rule 7(3) of the Bihar Fair Price Shop Control Order 2007 that the prosecution must be under the provisions of Essential Commodities Act is fulfilled. This aspect of the matter has been considered by this Court in CWJC No. 18692 of 2010 and it would be speculative at this stage under what provisions the charges may be framed in the criminal case. Presently the prosecution as it stands under the Penal Code cannot be a ground for cancellation of the licence under the Rules and neither can it be suspended on that ground. The order of cancellation dated 11.1.2010 as it stands today is therefore not sustainable. The order of cancellation is set aside. This shall be without prejudice to the rights of the respondents to proceed appropriately under Rule 7(3) of the Order after charges are framed, if circumstances so warrant. The writ application is allowed. Snkumar/- (Navin Sinha,J.)