IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33843 of 2008 Umesh Prasad Gupta, S/o Ram Brichh Sao, resident of village- Nad, P.S. Puraiya, District- Gaya. Versus The State Of Bihar ----------- 3 20.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed for quashing the order of cognizance dated 10.12.2007 passed by the Sub-Divisional Judicial Magistrate, Sherghaty, Gaya in Gurua P.S. Case No. 74 of 2005 under Section 7 of the E.C. Act on a technical ground that the Officer who had searched and seized the premises of the petitioner was not empowered to do so. It is stated that the gazette notification of the State Government, which empowered the Block Supply Officer to conduct search and seizure of any premises, with respect to items covered by the Public Distribution Control Order, 2001 was issued on 25.05.2007. The date of occurrence in the present case is 13.11.2005, which is indicated that the Block Supply Officer was not empowered to conduct such seizure. Accordingly, the order dated 10.12.2007 is quashed. This application is allowed. Md. Ibrarul ( Sheema Ali Khan,J.)