IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43617 of 2010 1. LAL BABU PRASAD son of Ramashraya Prasad, 2. Bhairo Mahato son of Late Bipat Mahto, 3. Suresh Prasad @ Suresh Sah son of late Tulsi Sah, 4. Nathu Mian son of Late Kakeem Mian, 5. Chandrika Mahto son of Late Nihora Mahto, 6. Rustam Mian son of Rahman, 7. Raheem Mian son of Late Mohammad Mian, 8. Adalat Ansari son of Late Dwarika Ansari @ Dalim, 9. Ramtulla Mian son of Chokat Mian, 10. Dipendra Sah @ Dipendra Prasad All are resident of village- Sakraul, Police Station- Inarwa, District-West Champaran 11. Jangbahadur Yadav son of Surya Yadav, 12. Sadhu Yadav son of Bharthari Yadav, 13. Shekh Azad son of late Shekh Kalam All three are resident of village- Bazantpur, Police Station- Mainatand, District- West Champaran ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Shankar Prasad Das son of late Harchandra Das, Assistant Commandant, SSB, BOP Basantput, District- West Champaran …Opposite Parties ----------- 2/ 06.01.2011 Heard the parties. The petitioners have sought quashing of the order dated 17.09.2010 passed by the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in E.C. Case No.106 of 2010, by which he has refused to discharge the petitioners. The prosecution case is that the informant intercepted twelve bullock carts loaded with wheat in course of which two persons were arrested, who disclosed that they were taking the said wheat to Nepal for sale of the same. It has been submitted on behalf of the petitioners that even accepting the prosecution case as it is no offence whatsoever would made out much less under section 7 of the Essential - 2 - Commodities Act since there is no violation of any order. Considering the same, this application is allowed and the order dated 17.09.2010 passed by the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in E.C. Case No.106 of 2010 is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)