Judgment 1. This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 13.11.2006 passed by the Chief Judicial Magistrate, Madhepura in G.R. Case No. 280 of 2006 thereby and thereunder the court below has taken cognizance under Section 7 of Essential Commodities Act and Sections 420, 467, 468 and 120B of the Indian Penal Code against the petitioner. 2. On perusal of Fardbeyan it appears that the petitioner is a P.D.S. dealer. The main allegation against him is that he kept rice in an unauthorised manner in his own house instead of authorised godown for the purpose of black marketing. 3. Submission of the learned counsel for the petitioner is that the petitioner being authorised dealer of P.D.S. cannot be prosecuted under Section 7 of the Essential Commodities Act in view of the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984. In support of his contention he has relied upon several decisions of this Court including orders passed in Cr. Misc. Nos. 28710 of 2003, 21119 of 2002, 5063, 28259 and 5312 of 2005. Further submission of learned counsel for the petitioner is that since the petitioner is a P.D.S. dealer he cannot be prosecuted under I.P.C. for omission and commission in the register or paper of the shop with regard to stock etc. 4. Learned counsel for the State also conceded this fact. I have also gone through the order passed in the above mentioned Criminal Miscellaneous cases. 5. On perusal of Fardbeyan it appears that the main allegation is with regard to keeping the rice in his own house without any proper authority. However, there is nothing on record to show that the petitioner had kept the rice for the purpose of black-marketing. 6. Thus, having regard to the facts and circumstances of the case as well as the settled principle of law, this application is allowed and the impugned order of cognizance is hereby quashed.