IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3031 of 2010 ---- Shashi Bhusan Rajak, son of Late Sito Rajak, Resident of Village-Kolhaipatti, P.S. Murliganj, District- Madhepura. -- Petitioner. Versus The State of Bihar --Opposite party. ------ 02. 29/01/2010 The order taking cognizance in G.R.No.513 of 2009 on 05.12.2009 by the learned Chief Judicial Magistrate, Madhepura under Section 7 of the E.C. Act is the subject matter of challenge in this application. It is submitted by the learned counsel for the petitioner that he had not lifted the rice as alleged. In my considered opinion, the same can be raised as a defence during trial and not for quashing of the proceeding. With the aforesaid observation, the criminal miscellaneous application stands disposed of. Sunil (Dipak Misra, CJ.)