IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23562 of 2007 RAM NARAYAN CHOUDHARY, SON OF LATE CHHABINATH CHOUDHARY, RESIDENT OF VILLAGE- BARHARI, POLICE STATION- KARGAHAR (BARHARI), DISTRICT- ROHTAS.-- PETITIONER Versus STATE OF BIHAR -- OPPOSITE PARTY ----------- 6 2.7.2009 Heard learned Counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 8.1.2007 by which cognizance has been taken under Section 7 of Essential Commodity Act read with Section 120(B)of the Indian Penal Code against the petitioner and others. The prosecution case as made out in the First Information Report is that under the guardianship of Shyamji Sah, the petitioner who is a licence holder under the Bihar Trade Articles (licences, unification) Order, 1984, was selling K. Oil and pure petrol after diluting it with chemicals. Learned counsel for the petitioner submits on the basis of the judgment of this Court passed in the case of Md. Waizuddin Vs. The State of Bihar reported in 2007 (1) P.L.J.R. 714 the 2 petitioner being appointed as a dealer could not come within the mischief of Section 7 of the Essential Commodity Act. The case of the petitioner is distinguishable. The allegation is that the petitioner was storing K. Oil or Petrol for the purpose of black marketing and utilized chemicals for diluting the petrol and K. Oil. In view of the allegations, this Court at this stage does not think fit to interfere with the order taking cognizance. The quashing application is thus dismissed. Sanjay (Sheema Ali Khan, J.)