IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9182 of 2008 PRAKASH SAO @ JAIPRAKASH GUPTA SON OF RAMESHWAR SAO, RESIDENT OF VILLAGE KADIRGANJ, P.S. KADIRGANJ, DISTT. NAWADAH, BIHAR . Versus THE STATE OF BIHAR . ----------- 6/ 19.04.2010 Heard counsel for the petitioner and the State. Petitioner prays for quashing the order dated 30.11.2006 passed by the Chief Judicial Magistrate, Nawadah in Town P.S.Case No. 154 of 2002 whereby the court has been pleased to take cognizance of offence under section 7 of the Essential Commodities Act. Counsel for the petitioner submits that the instant case has been instituted on 03.08.2002 and the necessary notification under Clause 10 of the Bihar Trade Articles ( Licences Unification) Order 1984 ( in short Control Order) was issued in February, 2007 and as such the P.D.S. Control Order was not in force on 03.08.2002. Learned counsel submits that on similar ground various prosecutions have been quashed. Learned counsel refers to order dated 19.03.2010 passed in Cr. Misc. No. 18142 of 2008. In the aforesaid circumstances, the impugned order dated 30.11.2006 is hereby set aside. This application is accordingly allowed. ( Samarendra Pratap Singh, J ) BTiwary/