S. Shamshul Hasan, J.

1. The petitioner in this application are accused in a prosecution for violation, it is stated, of section 7 of the Essential Commodities act, 1955 on the basis of a report dated 26.10.1974, made by the Supply inspector of Deori, who inspected the business premises of M/s. Maheshwari bhandar, a wholesale foodgrains dealer of Mahua, where it is alleged certain quantities of rice and wheat were found in excess. This report was filed before the Mahua police station and a case under section 7 of the Essential Commodities act was registered. After completion of investigation charge-sheet, dated 1.8.75, was filed recommending action under section 7 of the Act. On the basis of this report and charge-sheet, cognizance was taken by the Chief Judicial magistrate, Hajipur, on 24.3.77.

2. In order to appreciate the point that has been raised in this case, and which is now well settled by numerous decisions of the Supreme Court as well as the High Court, I would like to set out below the relevant portions of the charge-sheet dated 1.8.76 and of the order taking cognizance dated 24.3.77. (Charge-sheet)

"sanchhipta ghatna ka vivaran yah hai ki dinank 26.10.74 ko Apur