IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11568 of 2008 Yugeshwar Prasad Singh, son of Late Dhoop Lal Rai, village Dhobiya Kalapur, PS Naubatpur, Dist. Patna – Petitioner. Versus State Of Bihar ----------- 8 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner seeks the quashing of First Information Report of Naubatpur Ps Case No. 185/2007 registered for the offence under section 7 of the Essential Commodities Act. The allegations in the First Information Report is that the Block Supply Officer, Naubatpur found that a pick up van was carrying wheat and rice loaded allegedly from the shop of the petitioner to be sold in the market in violation of Fair Price Shop Order, 2001. Learned counsel for the petitioner submits that the lodging of the First Information Report was unwarranted in view of the fact that there was nothing to indicate that the food grains belonged to the petitioner. It is also submitted that even if it is presumed for the sake of argument that the food grains belonged to the petitioner, even then the prosecution cannot prove that the food grains was loaded to be sold in the black market. It would only amount to preparation to commit an offence, as held in the case of Malkait Singh vs State of Punjab, AIR 1970 SC 713. This court cannot quash the First Information Report on the basis of the aforesaid submissions on the ground that 2 investigation is yet to be made regarding the facts of the case. This application is dismissed. haque ( Sheema Ali Khan, J.)