IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11575 of 2008 NAGDEO YADAV @ JAGDEO PRASAD YADAV Versus STATE OF BIHAR ----------- 02 30.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. Questioning the order of First Information Report under Section 7 of the Essential Commodities Act read with Section 120 B of the of the Indian Penal Code, it is submitted that the date of the First Information Report is 18.3.2006. The petitioner being a Public Distribution System dealer is not liable for prosecution under Article 31 of the Bihar Trade Articles Licenses Unification Order 1984 (hereinafter referred to as the unification order). The promulgation of the Public Distribution System order 2001 of the Central Government having been notified in the State on 20.2.2007, till that date the provisions of the unification order remained operational debarring Public Distribution System dealers from prosecution under the Essential Commodities Act. There is no charge under any substantive offence of the Penal Code to justify continuance of his prosecution under Section 120B of the Indian Penal Code only. 2 Learned counsel for the State finds it difficult to oppose the legal submission under the unification order in view of several orders of this Court on that aspect. The First Information Report against the petitioner registered as Raghopur P.S. Case No. 16 of 2006, pending in the Court of Sub-divisional Judicial Magistrate, Birpur (Saharsa) is therefore quashed. The application stands allowed. P.K. (Navin Sinha, J.)