IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9302 of 2008 SATYADEO PRASAD, SON OF LATE RAM LAKHAN PRASAD, RESIDENT OF VILLAGE – PAPERNAUSA, P.S. – NOORSARAI, DISTRICT – NALANDA ………………. PETITIONER Versus THE STATE OF BIHAR …………… OPP. PARTY ----------- COUNSEL FOR THE PETITIOENR :- MR. N. K. AGRAWAL, ADV. :- MR. VIBHUTI RANJAN SONBHADRA :- MR. D. N. TIWARI FOR THE STATE :- DR. MAYA NAND JHA, APP 02 20.08.2009 Heard learned counsel for the petitioner and the APP appearing on behalf of the State. This application has been filed for quashing the entire criminal proceeding along with the order dated 24.12.2007 by which the Chief Judicial Magistrate, Nalanda at Biharsharif had taken cognizance of the offences under Section 7 of the Essential Commodities Act in Noorsarai P. S. Case No. 130 of 2007 on the ground that on the date on which the FIR was instituted, the Bihar Trade Articles (Licenses Unification) Order, 1984 ceased to operate. The date of occurrence in this case is 19.04.2006 whereas the First Information Report was instituted on 06.09.2007. It has been held in several cases decided by this Court, that the Bihar Trade Articles (Licenses Unification) Order, 1984 was not in force when the said occurrence is said to have taken place. Clause 31 (1) 2 (c) of the order bars proceedings under the Essential Commodities Act against a Public Distribution System Dealer. Prior to the institution of the First Information Report, the Public Distribution System (Control Order), 2001 was promulgated subject to the State Government issuing appropriate orders for controlling the trade of fair price dealers which order has been issued only in February, 2007. The submission, therefore, is that prior to the institution of the First Information Report Bihar Trade Articles (Licenses Unification) Order had seized to operate. This aspect has been considered by a Bench of this Court in Cr. Misc. No. 44103 of 2007 Amar Nath Jha Vs. The State of Bihar reported in 2007(2) PLJR 103. On consideration of the submissions aforesaid, I am of the opinion that not only the search, seizure, the First Information Report but the order of cognizance is without jurisdiction. Accordingly this application is allowed and the entire criminal proceeding along with the order taking cognizance dated 24.12.2007 in Noorsarai P.S. Case No. 130 of 2007 is quashed. kundan (Sheema Ali Khan, J.)