IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21165 of 2007 Nakul Kumar S/O Jagat Lal Bhagat, resident of Birauli Bazar, P.S. Rupauli, District-Purnea ------------------ Petitioner THE STATE OF BIHAR ---------- Opp.Party ----------- 4 29-09-2008 Heard Mr. Jagdish Prasad Bhagat, the learned counsel for the petitioner as also Mr. Jharkhandi Upadhaya, the learned A P.P. for the State. The petitioner who is a petty dealer is sought to be prosecuted under Section 7 of the Essential Commodities Act (hereinafter referred to as “the E.C.Act”) for being found in possession of one bag of sugar and five bags of onions. The F.I.R. does not disclose as to what Order made under Section 3 of the E.C. Act has been violated by the petitioner so as to invite prosecution under Section 7 of the E.C. Act. Retaining onions cannot be said to be a crime since there is no Control Order which controls sales, movement and storage of onions. So far as recovery of one bag of sugar is concerned, that by itself can not make out an offence so as to invite prosecution under Section 7 of the E.C. Act. It is by now well settled by a catena of decisions that to invite prosecution under Section 7 of the E.C.Act it must be stated in the fardbeyan or written report as to what Order made under Section 3 of the E.C. Act has been contravened. There is no such indication in the F.I.R.. - 2 - Due regard being had to the facts and circumstances of the case, the prosecution of the petitioner appears to an absolute abuse of the process of the court. In the result, the impugned order taking cognizance is hereby quashed and the application is allowed. ( Abhijit Sinha, J) NKS/-