IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34049 of 2010 ASHOK SAO @ ASHOK KUMAR SAW Versus STATE OF BIHAR & ANR ----------- 2. 27.10.2010 Heard learned counsel for the petitioner and learned A.P.P.for the State. The allegation against the petitioner is that he was found storing 20 liters of kerosene oil with some measuring instruments and utensils in his house. A judgment of this Court reported in 2007(2) PL.J.R. 289 Mahanthi Yadav and Anr. Vs. State of Bihar has been cited to submit that if the petitioner was not a licensee under the public distribution system, then he may not be said to be violating the provision of Section 3 of the Essential Commodities Act. Perusal of the above order indicates that the Hon’ble Judge was deprived of being informed about the existence of notification bearing G.R.S. No.49 dated 17th October 1985 issued under Section 3 of the Essential Commodities Act which by its paragraph 11 prescribes storage limits of kerosene oil for domestic purpose and paragraph 11(1) of the said notification indicates that if storage limits of 20 liters is exceeded then it could never be assumed stored for domestic consumption. In that situation it has to be presumed under the provisions of the Act that it was meant for sale and that too in violation of the provisions. The judgment cited before me appears silent upon the above notification and when I consider that notification, I find that the prosecution was legitimate and 2 the order dated 11.8.2010 passed in Korma P.S.Case No. 21 of 2006, G.R. No. 639 of 2006 appears valid. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)