JUDGMENT Deoki Nandan Prasad, J. 1. This application has been field under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding arising out of Barisole PS Case No. 14/98 dated 28.3.1998 including the order dated 2.1.1999 whereby and whereunder cognizance of the offence under Section 7 of the Essential Commodities Act was taken and also issued warrant of arrest and processes under Sections 82 and 83 of the Cr PC against the petitioner. 2. The case of the prosecution, in brief, as stated that the informant, Prakhand Supply Officer, Bahragor (Barsole) and other officials raided the godown of the petitioner/ Sheojee Singh where it was found that a tanker bearing registration No. WMK 8332 was standing. Another tanker bearing registration No. WB/33-3266 was also found standing at that place. There was also one Motor Cycle kept there and there were Jars of 35 litres of capacity containing 30 litres of Kerosin Oil of each jars. It was also found that Kerosin Oil of each jars. It was also found that 36 drums were found filled with diesel. At the relevant time, at the godown premises, petrol was siphoned from the said tanker and it was taken to the empty drums which were kept there. There were also empty drums of 200 litres lying there. On seeing the raiding party, the persons indulged in illegal act started fleeing away. As many as 10 accused persons were apprehended at the spot and they disclosed their name but four accused persons managed to escape of whom the petitioner, Sheojee singh also managed to escape. No any documents on inquiry was produced and all of the accused persons including the petitioner were found indulged in black marketing the petrol/diesel. Thereafter the trucks, diesel and other materials were seized in presence of the witnesses and accordingly the seizure list was prepared. The first information report was lodged against the accused persons including the petitioner. The police investigated into the case and submitted charge sheet against all the accused persons including the petitioner who was shown absconder. 3. The learned counsel appearing on behalf of the petitioner submitted that all the articles, except tanker and motor cycle belonged to co-accused Rajdeo Singh and the petitioner has got no concern with the said articles. The police investigated into the case and submitted charge sheet against all the accused persons including the petitioner who was shown absconder. 3. The learned counsel appearing on behalf of the petitioner submitted that all the articles, except tanker and motor cycle belonged to co-accused Rajdeo Singh and the petitioner has got no concern with the said articles. Petitioner came to know about institution of the instant case as he had no knowledge about this case and he has been carrying business in the name and style of M/s. Arun Carrier, having registered office at Calcutta. It is also submitted that the godown raided by the police party belonged to one Nand Lal Choudhary who had taken lease from the owner Budhiah Murmu. It is also submitted that the informant and other officials who raided the godown have got no authority to seize the said article as well as the Special Judge who took cognizance has got no power after expiry of Act 18 of 1981, to take cognizance for the offence under Section 7 of the Essential Commodities Act. 4. It is also argued that the court below committed error in issuing warrant of arrest as well as processes under Sections 82 and 83 of the Or PC simultaneously which is illegal and cannot be sustained in the eye of law. 5. On the other hand, the learned APP contended before me that there is no il- legality in registration of the case under Section 7 of the Essential Commodities Act by the informant who is Prakhand Supply Officer and he cannot be said to be below the rank of an Inspector. The informant is posted in the department of Food and Supply and so he has rightly seized the articles. It is further argued that obviously the petitioner and other accused persons were found indulged in black marketing of Petrol and Diesel at the relevant time. It is also argued that the Special Judge simply had taken cognizance and even if Act 18 of 1981 has expired the original Act of 1955 is still in existence and as such there is no illegality in the order impugned. 6. It is also argued that the Special Judge simply had taken cognizance and even if Act 18 of 1981 has expired the original Act of 1955 is still in existence and as such there is no illegality in the order impugned. 6. Section 7 of Motor Spirit and High Speed Diesel (Prevention of Mal Practices in Supply and Distribution) Order, 1990 narrates as under : "Any officer of the State Government, not below the rank of an Inspector, in the department of Food and Civil Supplies, duly authorised and notified in the official Gazette by such State Government, or any officer of an Oil Company not below the rank of a Sales Officer may, with a view to securing compliance with the provisions of this order or the purpose of satisfying himself that this order of any order made thereunder has been complied with." 7. The said Act was repealed by substituting Motor Spirit and High speed Diesel (Regulation of Supply and Distribution and Prevention of Mal Practices) Order, 1998 which came into existence on 28th December, 1998 when it was published in the Gazette of India. In the said order also power of search and seizure was described under Section 4 stating that any gazetted officer of Central and State Govt. or any police officer not below the rank of Deputy Superintendent of Police duly authorised by general order, special order by the Central Government or State Government as the case may be or any officer of the concerned Oil Company not below the rank of Sales Officer may search and seize. 8. The first information report, the instant case was registered on 28.3.1998 when admittedly the Motor Spirit Order, 1990 was in existence. Thus, it is apparent that the informant who was Prakhand Supply Officer in the supply department was quite competent to search and seize the said articles. From the seizure list, it is also clear that the said articles were searched and seized from the godown of this petitioner, Shivjee Singh who remained absconder in the case and he had managed to escape from the place of occurrence at the relevant time. There is no doubt that the Essential Commodities Act, 1995 is still in existence and, as such, there appears no illegality in taking the cognizance by the court concerned as no trial was started by the said officer. There is no doubt that the Essential Commodities Act, 1995 is still in existence and, as such, there appears no illegality in taking the cognizance by the court concerned as no trial was started by the said officer. Taking cognizance simply means applying judicial mind which, in my view, will not vitiate the entire prosecution case. Thus, there appears no illegality in launching the prosecution against the petitioner who can be said to be main accused. 9. However, it appears that the court below issued warrant of arrest and processes under Sections 82 and 83 of the Cr PC simultaneously which is not in accordance with law and the same should not have been issued at the first instance after taking cognizance. Admittedly the case under Essential Commodities Act is summary triable case and as such the court below committed error in issuing warrant of arrest along with processes under Sections 82 and 83 Cr PC which is fit to be set-aside. Hence the order issuing warrant of arrest along with processes under Sections 82 and 83 of the Cr PC is, hereby, set aside. 10. Having regard to the facts and circumstances of the case coupled with the discussion made above, there appears no merit in this application which is accordingly dismissed. 11. Application dismissed.