IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.194 of 2009 RAMANUJ SHARMA Versus STATE OF BIHAR ----------- 2. 26.3.2010. Let the petitioner get his trial in the court below. What this court desires to point out to the court below is that it could explain the acquisitions to an accused only when there are sufficient grounds indicating that some offence appears to be committed by an accused. There are storage limits fixed for different grains or commodities by different supply orders issued from time to time by the Government of Bihar. Simply because someone is a P.D.S. dealer, it may not be sufficient for the State to prosecute him as some bags of grain, as in the present case, could be found loaded over any vehicle. It has to be shown that either it was in excess of the storage limit fixed or it was a subject matter of public distribution system and the commodity was meant to be supplied among the consumers. If these conditions are not fulfilled then the court below may find that there could not be any violation of any order promulgated under Section 3 of the Essential Commodities Act and as such there could not be any trial of - 2 - accused for committing an offence under Section 7 of the Essential Commodities Act. With the above directions, this petition is disposed of. B.Kr. ( Dharnidhar Jha, J. )