IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18687 of 2010 UMESH KUMAR SINGH S/O LATE SHEO @ SHIVAN BHAGAT @ SHIO NANDAN BHAGAT, RESIDENT OF VILLAGE CHAPAITH (A DEALER UNDER PUBLIC DISTRIBUTION) SYSTEM OF MATHNA MILIK PANCHAYAT, P.S. GORAUL, DISTT. VAISHALI AT HAJIPUR …. PETITIONER Versus STATE OF BIHAR ----------- 2. 9.2.2011 The petitioner seeks quashing of the order dated 15.2.2008 passed in Goraul P.S. case No.41 of 2007, by which the Chief Judicial Magistrate, Vaishali at Hajipur has taken cognizance u/s.7 of the Essential Commodities Act. The contention of the petitioner is that he was the dealer under the Public Distribution System scheme and, therefore, was exempted from prosecution u/s.7 of the Essential Commodities Act in view of the gazette notification as well as an earlier decision of this Court. However, this Court had taken note of these arguments in a case reported in 2009(2) PLJR page 657 and had noted in paragraph 5 that the Unification Order 1984 has stood superseded vide Clause 14 of the Distribution System (Control) Order, 2001 which has come into the effect from 31.8.2001 and this Court in 2007(4) BBCJ page 211 has held that P.D.S. dealer is not an agent under the State Government and, thus, exempted from prosecution under Clause 31 of 1984 Order. - 2 - In view of such, I find no merit in the application. The same is dismissed. Narendra/ ( Anjana Prakash, J. )