IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5363 of 2009 RAM JI PRASAD @ RAMJEE PRASAD SINGH & ORS . Versus STATE OF BIHAR . ----------- 2/ 30/03/2010 Heard learned counsel for the petitioners and learned counsel for the State of Bihar. The petitioners are Public Distribution System Dealers aggrieved by the order of cognizance dated 20.3.2007 and their prosecution under Sections- 409 and 420 of Indian Penal Code and 7 of E.C. Act in Guraru P.S. Case No. 20/06, G.R. No.1175/06. The allegations are with regard to non- distribution of food grains given under the Public Distribution System despite lifting of stocks etc. This Court finds substance in the submission advanced on behalf of the petitioners that they are entitled to protection under clause-31(2) of the Bihar Trade Articles and Licences (Unification) Order, 1984 and that no prosecution is maintainable against them under Section- 7 of the Essential Commodities Act. Learned counsel rightly submits that the Public Distribution System Control Order, 2001 2 promulgated by the Central Government has been notified in this State on 25.5.2006. Till such notification, it was the unification order which was operative. The F.I.R. lodged against the petitioner is dated 18.5.2006 on a dated when Public Distribution System Order, 2001 had not been made applicable to the State of Bihar. This application is, therefore, allowed only to the extent that the prosecution and cognizance of the petitioners under Section-7 of Essential Commodities Act is quashed only. This Court is not satisfied that any ground has been made out warranting interference with the prosecution and cognizance under Sections- 409 and 420 of Indian Penal Code. All that has been urged on behalf of the petitioners in that regard are primarily their defences to be tested in the trial itself. The application is allowed only to the extent indicated. KC/ ( Navin Sinha, J.)