IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16702 of 1999 ROSHAN PRASAD, SON OF SRI KESHAN SAH, RESIDENT OF VILLAGE- PARARI, P.S. CHURAWANPUR, DISTRICT- BUXAR………………………………………….. PETITIONER Versus STATE OF BIHAR ----------- 2 22-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner has prayed for quashing of order of cognizance dated 18-11-1999 passed by learned Special Judge, E.C.Act, Buxar in E.C. Act Case no. 3 of 1997, for an offence under section 7 of the E.C. Act on the alleged violation of provisions of Bihar Trade Articles (Licences Unification) Order 1984. The petitioner has also prayed for quashing of the entire criminal proceeding. 3. The order of cognizance has been challenged on the ground that the Special Judge, E.C. Act cases ceased to have jurisdiction to take cognizance after the lapse of last Ordinance providing for Essential Commodities ( Special Provisions), Act , on 24-10-1998 and for this proposition reliance has been placed on the case of Padma Prasad Vrs. State of Bihar, reported in 2002(3) PLJR 547. That judgment is based upon judgment of the Supreme Court in the case of Tamil Nadu Vrs. Parmasiva Pandian, reported in AIR 2001 SC 2972. 4. The next contention advanced on behalf of the petitioner is that on account of an amendment in the Part-A of Schedule-I of the Bihar Trade ( Licences Unification) Order,1984 by virtue of GSR 10 dated 15th June,1995 which has been published in the gazette dated 9th February, 1996, contained in annexure-3, the commodity “Wheat” has 2 been deleted from the schedule and as a result no prosecution could have been initiated on the allegation of seizure of 130 bags of wheat allegedly belonging to the petitioner on 5-10-1997 when alleged occurrence took place. 5. In support of the second contention learned counsel for the petitioner has placed reliance upon an unreported judgment of this Court dated 22-5-1997 passed in C.W.J.C. No. 4061/1997 ( Dilip Kumar Gupta @ Dilip Kumar Vrs. State of Bihar and others) A copy of that order has been annexed as annexure-4 to the quashing application. The said judgment supports the case of the petitioner that in view of notification dated 17-5-1995 published in the official gazette wheat was deleted from the schedule and on that account an order of District Collector cancelling licence for irregularity in respect of wheat was set aside. 6. On a careful consideration of both the said contentions advanced on behalf of petitioners I find merit in the same. Accordingly, this petition is allowed. The impugned order of cognizance as well as the criminal prosecution of the petitioner are hereby quashed. Naresh ( Shiva Kirti Singh, J.)