1. This is an application for quashing a proceeding taken against the petitioner u/s. 7 of the Essential Commodities Act (briefly the Act) pending before a Judicial Magistrate, First Class, Buxar.

2. On 2.05.1973, while the petitioner was carrying 62 bags of paddy on a bullockcart from his village home for sale to the purchasing centre of a rice mill, namely, Bishwanathji Mills, of Buxar, said to be the nearest market from his village the Project Executive Officer, Rajpur Block, seized the said foodgrains, arrested the petitioner and lodged a first information report with Rajpur Police Station.

According to the allegation made in the aforesaid first information report, the petitioner was carrying on business of purchase and sale in foodgrains without having a licence under the Bihar Food-grains Dealers Licensing Order and has, accordingly, committed an offence under Section 7 of the Act. The police registered a case under Section 7 of the Act on the basis of the said first information report and submitted a charge-sheet on 12-5-1973, a copy of which has been made Annexure 1 to the application. In the 7th column of the charge-sheet meant for stating the particulars of the of