IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15216 of 2008 UPENDRA NARAYAN SHARMA Versus STATE OF BIHAR ----------- For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate Mr.D.N.Tiwary, Advocate For the State : Mr.Jharkhandi Upadhayay, Advocate 4 29.4.2010 KHAN The petitioner seeks quashing the order dated 31.8.2007 taking cognizance by the A.C.J.M., Jhanjharpur in Anthrathadi P.S. Case No.93/2005 for an offence under section 7 of the E.C.Act. Learned counsel for the petitioner submits that the date of occurrence is 29.7.2005 and admittedly P.D.S.Order 2001 was not workable and enforceable because of the reason that the State Government has failed to issue licensing order as required to be framed and enforced in terms of clause 7 of the P.D.S. Order 2001 read with clause 5 annexed to P.D.S. System Control Order 2001. He further submits that in similar cases this court quashed the prosecution under the E.C.Act. In the circumstances, the impugned order dated 31.8.2007 taking cognizance by the A.C.J.M., Jhanjharpur in Anthrathadi P.S. Case No.93/2005 for an offence under section 7 of the E.C.Act is quashed. In the result, this application is allowed. (S.P.Singh,J) - 2 -