IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43500 of 2007 SHAMIM AZAZ son of Allauddin, resident of village Daula, P.S. Kishanganj, District Kishanganj at present Loharpatti Road, P.S. & District Kishanganj Versus STATE OF BIHAR ----------- 3 06/01/2009 Heard learned counsel for the petitioner and the State. The petitioner questions his prosecution in Kishanganj P.S. Case No. 44 of 1996 corresponding to Special Case No. 4 of 1996, giving rise to T.R. No. 533 of 2006 in which cognizance has been taken under section 7 of the Essential Commodities Act. It is submitted that the petitioner was only an employee in the L.P.G. distributorship being run by co-accused Anwar Yusuf. The allegations pertained to non-compliance with the statutory formalities regarding display of stocks and price etc. Strong reliance is placed on an order of this Court in Criminal Misc. No. 3992 of 2000 dated 13.3.2000 in an application under section 482 of the Code of Criminal Procedure, 1973 preferred by the owner of the L.P.G. distributorship Anwar Yusuf, quashing the prosecution against him for reasons as discussed therein. Learned counsel for the State finds it difficult to contend continuance of the prosecution against the petitioners as an employee of the shop as the same against the proprietor of the L.P.G. dealership for the reasons discussed in law has been quashed. For the reasons discussed in the order dated 13.3.2000 in Criminal Misc. No. 3992 of 2000, this application is allowed and the entire proceeding against the petitioner in Kishanganj P.S. Case No. - 2 - 44/96 under section 7 of the Essential Commodities Act is hereby quashed. (Navin Sinha, J.) AMIN