IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32247 OF 2008 SURYABANSH SINGH, SON OF LATE RAM CHANDRA SINGH, RESIDENT OF VILLAGE BEDA (NEAR BEDA CANAL), POLICE STATION SASARAM (M), DISTRICT ROHTAS (SASARAM) VERSUS 1. THE STATE OF BIHAR 2. THE EXECUTIVE MAGISTRATE, ROHTAS (SASARAM) ********* 2 07/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the entire First Information Report of Sasaram (M) Police Station Case No. 538 of 2007 under Section 7 of the Essential Commodities Act. The allegation in the First Information Report is that the shop (Hotel) of the petitioner was raided. It was found that one tractor containing 32 bags of cement was standing in front of the shop of the petitioner. On interrogation, it was disclosed by the driver of the tractor that 18 bags of cement were unloaded to the shop of the petitioner. Thereafter, 405 bags of cement, 42 bags of D.A.P., 18 bags of Kribhico Urea and 5 bags of I.P.L. Phosphate fertilizers were recovered from the shop of the petitioner. Learned Counsel for the petitioner submits that there is no allegation that the petitioner had illegally kept the seized articles or that he was going to utilize the 2 fertilizer for selling them in the black market. It is further submitted that merely because the bags were lying on the tractor, does not mean that the bags were to be sold in the black market. This Court finds that the matter is still under investigation and as such, I do not find any special circumstances for quashing of the entire First Information Report. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )