Judgment B.N.Agarwal, J. 1. Heard the parties. 2. This application has been filed for quashing order dated 6-4-1995, contained in Annexure 4, whereby cognizance has been taken under Section 7 of the Essential Commodities Act (hereinafter to be refereed to as and Section 414 read with Section 34 of the Penal Code and order dated 21-12-1995, contained in Annexure 5, both passed by the learned Special Judge, Essential Commodities Act, Dhanbad. 3. So far offence under Section 7 of the Act is concerned, violation alleged is of the provision of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as Unification Order). The article in relation to which offence is said to have been committed is coal Reliance has been placed upon a Judgment of this court in the case of Sidheshwar Pandey and another y. State of Bihar and others, CWJC No. 6231 of 1994, disposed of on 9-5-1994 contained in Annexure 1 and it has been submitted that in relatian to coal Unification Order is not workable, it is well settled that if Unification Order is not workable in relation to a commodity, an accused cannot be said to have violated its provision, therefore, prosecution of the accused under Section 7 of the Act would become invalid. This being the position, prosecution of the petitioner under Section 7 of the Act is fit to be quashed. 4. Since prosecution of the petitioner under Section 7 of the Act is liable to be quashed, it goes without saying that the learned Special Judge had no jurisdiction to take cognizance under Section 414 read with Section 34 of the Penal Code. 5. For the foregoing reasons this application is allowed, order dated 6-4-1995, contained in Annexure 4 and fhat dated 21-12-1995, contained in Annexure 5, passed by the learned Special Judge, Essential Commodities Act, are hereby quashed. The learned Special Judge shall forward the entire record along with charge-sheet to the learned Chief Judicial Magistrate Dhanbad, who, upon receipt of the record, shall apply his mind in relation to offence under Section 414 read with Section 34 of the Penal Code and pass appropriate order thereupon in accordance with law. 6. With the aforesaid direction this application is disposed of.