IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45265 of 2007 SHAILENDRA SINGH @ SHAILENDRA KR.SINGH Versus STATE OF BIHAR ----------- 2. 22.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions his prosecution under Section 7 of the Essential Commodities Act in Barh PS Case No. 335 of 2005 corresponding to G.R. No. 979 of 2005. Learned Counsel submits that the FIR was lodged on 19.10.2005. Under the Bihar Trade Articles (Licence Unification) Control Order Clause 31 ( 1 ) ( C ) the prosecution of PDS dealers like the petitioner was barred. In 2001 the Public Distribution System Control Order, 2001 was promulgated by the Central Government. This does not bar prosecution of a PDS dealer. The 2001 Order required necessary notification by the State Government which has been issued only on 20.2.2007. Therefore the PDS Control Order was not workable in the State of Bihar till 20.2.2007. The notification itself states that prior to the promulgation thereof the 1984 Order shall be applicable and which bars prosecution of PDS dealers. In that view of the matter, there being no law governing the prosecution of the petitioner on the relevant date in the State of Bihar the prosecution of the petitioner is accordingly quashed. The application stands allowed. Snkumar/- (Navin Sinha,J.)