Judgment 1. Heard the counsel for the petitioners and the State. 2. This application has been filed for quashing the order dated 1.7.2005 whereby cognizance has been taken for offences under Sections 420, 473, 274 of the IPC and u/s 7 of the Essential Commodities Act against the petitioners in Paliganj P.S. Case No. 109/04. 3. The F.I.R. has been instituted on the basis of written report of Block Supply Officer, Paliganj alleging that in course of inspection, he reached at Mahabalipur and found that a Mini (Petrol) Diesel Petrol Pump was opened and the diesel was being sold by a person fixing a nozzle on the face of the petrol pump. On query, he disclosed his name as Luv Kush and also he informed that Ravindra Kumar is the licensee of the Petrol Pump. The stock register, sale register, cash memo was not produced by that person when he was asked to produce. It was found during the course of search that adulterated diesel was being sold. The sample of the diesel was collected and it transpired adulterated by a testing of instrument. 4. Counsel for the petitioners has assailed the order taking cognizance on various grounds. It has been submitted that there is no provision in the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 (hereinafter referred to Order, 1966) that diesel cannot be supplied through fixing a nozzle. It is not an offence and such allegation does not attract any offence u/s 7 of Essential Commodities Act. It has also been submitted that the sample which was collected, should have been sent to the laboratory within 10 days from the date of taking sample which was not done. 5. The point which has been raised for quashing of cognizance is that prosecution initiated on the basis of illegal seizure by an authority who is not authorized under Clause 12 of Bihar Motor Spirit and High Speed Diesel Oil Dealers Licencing Order (hereinafter referred as an Order) is bad in law. Seizure list has been annexed which indicates that raid was conducted and seizure was made by Block Supply Officer during the inspection of Mini Diesel Pump. In terms of Clause 12 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966, the Block Officer is not empowered to the entry, inspection, search and seizure. Seizure list has been annexed which indicates that raid was conducted and seizure was made by Block Supply Officer during the inspection of Mini Diesel Pump. In terms of Clause 12 of the Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966, the Block Officer is not empowered to the entry, inspection, search and seizure. It can be done by Dy. Superintendent of Police or the authorities who are specially notified and empowered under Clause 12 of the 1966 Order for search and seizure. In this view of the matter, the prosecution initiated on the basis of illegal seizure is bad and the order of cognizance is fit to be quashed. 6. Counter-affidavit has been filed by the State. Counsel for the State has submitted that the petitioner no.1 Luv Kush Kumar is a licensee and it was wrongly stated that Ravindra Kumar was a licensee. The District Magistrate on receiving complaints ordered the S.D.P.O. to inquire into the matter. The S.D.M. requested the Dy. S.P. to conduct raid on the pumps. A team was constituted for this purpose which also included S.D.P.O., the Block Supply Officer, Officer-in-charge and other police personnels. During raid it was found that the licensee has violated the terms and condition of Bihar Motor Spirit and High Speed Diesel Oil Dealers Licensing Order, 1966 including the Motor Spirit and High Speed Dealers (Regulation of Supply and -Distribution and Prevention of Malpractices) Order, 1998. Counsel for the State has admitted that in terms of Clause 12 of Control Order, 1966, Dy. S.P. is one of the competent officers to search and seizure. But it has been submitted that though seizure list has not been signed by the Dy. S.P., he was also one of the members of raiding party. The search and seizure cannot be treated as bad and violative of clause 12 of the Order. 7. Bihar Motor Spirit and High Speed Diesel Oil Dealers Licencing Order has been made in exercise of powers conferred under Sec.3 of the Essential Commodities Act, 1955, which is a Special Act. Sec. 6 of the Essential Commodities Act provides that any order made under Sec.3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. Sec. 6 of the Essential Commodities Act provides that any order made under Sec.3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. Usually, the use of the phrase by the legislature in a Statutory Provision, like, "notwithstanding anything contrary in this Act", is equivalent to saying that the Provisions under the Act, would prevail over other provisions in the Act. Under Clause 12 of Order, a list of authorities have been mentioned, who have been conferred with the power of entry, search and seizure. Superintendent of Police and Deputy Superintendent of Police are also such authorities who are authorised for entry, search and seizure. Block Development Officer is not authorized under Clause 12 for search and seizure. When Statute authorises anyone to initiate proceeding than no other authority than those who are specially empowered can do so. 8. An illegal search and seizure operation cannot be a foundation of prosecution since illegality cannot be cured. Any prosecution launched on such search and seizure is not valid. 9. This view has been propagated in decisions reported in 2002(4) P.L.J.R. 20 (Vijay Kumar Rana vs. The State of Bihar & Ors.), 1988 P.LJ.R. 623 (Ramchandra Prasad vs. The State of Bihar) and 1998 (3) P.L.J.R. 517 (Rajesh Agrawal vs. The State of Bihar). 10. For the reasons stated above, this application is allowed. Impugned order of cognizance is quashed.