Judgment D.P. Sinha, J. This is an application under section 482 of the Code of Criminal Procedure, 1973 for quashing the proceeding relating to Darauli P.S. Case No. 9 dated the 23rd September, 1974, pending before the police, in which both the petitioners, namely, Kailash Chand Jain and Jitendra Chandra Jain along with another person, are being proceeded against for the alleged commission of an offence, under section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act'), in the following circumstances. One Syam Shanker Singh, a member of the Yuva Chatra Sanhars Samiti, Darauli lodged a written information with the Darauli Police on the 23rd Sept. 1974, alleging that he along with certain other persons seized truck No. BRD 3003 which was proceeding from Darauli to Chapra laden with 91 bags of wheat belonging to the petitioners. The police instituted a case and seized the wheat together with the truck. 3. It was contended by the learned counsel for :he petitioners that the first information report which is Annexure 'A' to this petition, did not disclose commission of any offence as there was no restriction on movement of wheat from one district to another within the state of Bihar on the date the seizure had been made. He also pointed out that petitioner No.2, Jitender Chand Jain, is the holder, as stated in the affidavit, of a retail dealers' license under the Food grains Dealers Licensing Order, 1967 (hereinafter referred to as "the licensing order") valid for the whole year of 1974 and by virtue of notification No. 96 dated the 3rd September, 1974, issued by the Government of Bihar in the Department of Supply and Commerce, a retail dealer could keep and sell 100 quintals of grains and by another notification No. G.S.R. 60 dated the 25th May, 1974 issued by the Government of Bihar in the same department, the restriction on movement of wheat product from one district to another in the State of Bihar upto 100 quintals, except within a twenty miles belt all along the border of the State has been removed. The learned counsel contended that since petitioner No. 2 who was the holder of a valid retail dealers license under the Licensing order and the quantity which was being transported from Darauli, the place of business of petitioner No.2 within the District of Siwan, to Chapra in the neighbouring District of Saran, being 91 bags only which was less than 100 quintals which he was authorised to keep and sell, he was entitled and he had the full freedom to transport the said quantity to Chapra as the restriction on such movement had been removed by the above notification dated the 25th of May, 1974. 4. Learned counsel for the State of Bihar, on the other hand, submitted that the notification dated the 25th May, 1974 laid down that there would be no restrictions on movement of wheat and wheat produce from one District to another in the State upto 100 quintals except within a twenty-mile belt all along the border of the State of Bihar, and since Darauli was situated close to the border of Bihar and within the twenty mile belt along the border, a contravention of the order dated the 25th May, 1974 had taken place by moving the wheat within such belt and therefore the contravention constituted an offence punishable under section 7 of the Act, and that as such no interference with the police investigation would be justified. 5. It would appear that the notification dated the 3rd September, 1974 and 25th May, 1974 had both been issued by the State Government under section 3 of the Act, being duly authorised by the Government of India. So far as the notification dated the 25th May, 1974 is concerned, the exception with regard to the movement of wheat and wheat products within a twenty mile belt all along the border of the' State of Bihar had been allowed to stand obviously for the purpose of preventing transport of wheat and wheat products from the State of Bihar to any place outside the State. That this was the intention of the Government in issuing the notification dated the 25th May, 1974 it manifest from the preamble to that notification. That this was the intention of the Government in issuing the notification dated the 25th May, 1974 it manifest from the preamble to that notification. The preamble stated that whereas the Governor of Bihar was of opinion that for securing equitable distribution and availability of wheat and wheat products in the state of Bihar at fair price, it was necessary and expedient to regulate their movement within the State of Bihar hence the order was being made. In view of the said preamble there can be little doubt that the restrictions within the twenty mile belt all along the b01der of the State was to prevent movement of wheat and wheat products from the State to any place outside that State. In the circumstances, since in this case, the wheat was not being transported to any place outside the State of Bihar and it was being moved to Chapra which lies in the neighbouring District of Saran, no contravention of the order dated the 25th May, 1974 on which the learned counsel for the State relied and in respect of which the Darauli Police had instituted case under section 7 of the Act, appears to have taken place. It further appears that the allegation made in the first information report does not disclose the commission of any other offence. 6. In these circumstances, it is a fit case in which the proceeding be fort; the police should be quashed and accordingly the application is allowed and the proceeding is here by quashed. The wheat seized by the police shall be released in, favour of petitioner No.2 Jitendra Chand Jain. Application allowed.