IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3339 of 2010 Rajendra Rai son of Late Yugal Rai, Resident of Village and P.O. Desari, P.S.Bibhutipur, District- Samastipur. -- -- Petitioner. Versus The State of Bihar -- -- Opposite party. ----------- 02. 05/02/2010 Heard Mr. Rajiv Ranjan Sinha, learned counsel for the petitioner and Mr. Ram Bachan Singh, learned Additional Public Prosecutor for the State. The grievance of the petitioner relates to order dated 07.05.2009 passed by the learned Sub-Divisional Judicial Magistrate, Begusarai in Bhagwanpur P.S.Case No.139 of 2007, whereby he has taken cognizance under Section 7 of the Essential Commodities Act on the ground that the petitioner did not possess the licence and was involved in black marketing of fertilizer. It is submitted by Mr. Sinha, learned counsel for the petitioner that the petitioner did have the licence at the relevant time and there is no justification to continue the case. Having heard learned counsel for the parties, I am inclined to think that the point that is urged by the - 2 - learned counsel for the petitioner has to be raised by way of defence during the trial and is not for quashment of the proceeding. In view of the aforesaid, the present application, being devoid of merit, stands rejected. Sunil (Dipak Misra, CJ.)