Judgment Aanad Prasad Sinha, J. 1. This application is directed against order dated 23-2-1980 passed in J. C./2 Case No. 18 of 1980 taking cognizance under Section 7 of the Essential Commodities Act against the petitioner. 2. According to the prosecution case, the complaint had been made to the Assistant District Supply Officer at Jamshedpur that one Pritpal Singh had been refused diesel oil on 22-2-1980 by the petitioner and one another, who are described to be the persons having J.M.A. Store, Ram Mandir, Bistupur, Jamshedpur, a Petrol Pump. Further the complaint was made that they have refused to sell to the general customers and they were hoarding diesel oil for selling it in black market. 3. Consequent to this complaint, a raid was made to the Petrol pump and it is stated that on verification some shortage in the diesel oil had been detected. 4. According to the complainant, the accused persons have violated the provisions of Section 7 of the Essential Commodities Act and Bihar Essential Articles (Other than Food grains Display of Prices and Stock) Control Order, 1967 with amendment thereof. 5. Learned Counsel, appearing on behalf of the petitioner, has submitted that the prosecution against the petitioner is be in law because he happened to be the employee only and that being so the guilt cannot be fastened to him unless there had been any specific allegations of any violation by the petitioner in the capacity of being a servant of the firm. 6. Reliance had been placed in Rameshwar Prasad V/s. The State of Bihar 1979 B.B.C.J. 742. 7. It appears that in the petition on affidavit it has been mentioned that the petitioner is an employee of the firm. This fact has not been controverter. Further it will appear that the nature of the firm has not been mentioned in the complaint petition and in absence of any specific statement in the complaint petition regarding the status of the petitioner in relation with the firm, the statement made by the petitioner on affidavit has to be accepted. 8. Learned Counsel has relied upon the direction issued by the Rationing Department which is Annexure-2 to this petition. From the perusal of that it appears that by the direction dated 28-1-1980 the Petrol Pump had been asked to keep always one thousand liters diesel oil for emergency. 8. Learned Counsel has relied upon the direction issued by the Rationing Department which is Annexure-2 to this petition. From the perusal of that it appears that by the direction dated 28-1-1980 the Petrol Pump had been asked to keep always one thousand liters diesel oil for emergency. Further from the perusal of the letter it appears that, that order was directed to be followed until further orders. It will also appear from Annexure 2-A that the District Manager of Transport, Jamshedpur, had also given a direction for keeping diesel oil in reserve and this appears to be dated 1st February, 1980. 9. That being so, the submission is that in view of the executive order if at all there was any refuse (although not admitted) that can be said to be justified in the fate and circumstances of this case. 10. Considering the points raised, in my opinion no useful purpose will be served by allowing the prosecution to proceed and in addition, I have no hesitation in saying that in view of the definite assertion of the petitioner that his status is only of an employee of the said firm, no charge under Section 7 of the Essential Commodities Act can be successfully framed against him. 11. In the result, the application is allowed and the order of conviction and prosecution thereof against the petitioner in JC/2 Case No. 18 of 1980 are hereby quashed.