IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39845 of 2008 Ranjeet Barnwal @ Ranjeet Kumar Barnwal, son of Satya Narain Lal, village Malaipur Basti, PS Malaipur, Dist. Jamui – Petitioner. Versus State Of Bihar 2 26.7.2011 HeardMr. N.K.Agrawal, learned Senior counsel for the petitioner and the A.P.P. representing the State. This application has been filed for quashing the order, dated 26.9.2007 passed in Barhat PS Case No. 85/2007 by the Subdivisional Judicial Magistrate, Jamui by which cognizance under section 7 of the Essential Commodities Act has been taken. The petitioner is not a P.D.S. dealer. He along with his four brothers live in a house. It is said that the petitioner was found in possession of 35 liters of kerosene oil. It is suspected that the petitioner had kept the kerosene oil for the purpose of selling it in black market. There is no evidence to indicate that in fact the petitioner was in process or had actually sold the kerosene oil in black market and, therefore, this court finds that merely on suspicion that there is a possibility of selling kerosene oil in the black market cannot form the basis of a criminal prosecution. There must be some evidence regarding this aspect of the matter. Storing kerosene oil by a private person is not an offence if it is within the limit permissible under the law. 35 liters of kerosene oil is not such a quantity which a private person cannot store in his premises for the purpose of daily use. In the circumstances I do not find that offence is made 2 out under section 7 of the Essential Commodities Act. I accordingly quash the impugned order. This application is, thus, allowed. haque ( Sheema Ali Khan, J.)