S.Ali Ahmad, J.

1. This application under Sec. 482 of the Code of Criminal Procedure has been filed with a prayer to quash the criminal proceeding initiated against the petitioner and others which arises out of Laukaha (Khutauna) P. S. Case No. 0093 dated 21-10-1984 (G. R. Case No. 691/84) instituted under Section 7 of the Essential Commodities Act. 1955 (for short the Act). This case is pending trial before the Special Judge (E.C. Act), Madhubani. According to the prosecution, the petitioner is one of the partners of M/s. Pansari Auto Service, a petrol and diesel oil dealer. It is said that on 20th October, 1984, a truck belonging to Kosi Kanal Project having its registration No. BRX 8856 came to the petrol pump and purchased diesel under cash memo Nos. 316, 317 and 318 dated 20th October, 1984, for 400 litres, 200 litres and 400 litres respectively, it is said that the driver got the drams containing the diesel loaded on the truck and went away. On the following day, i.e. 21-10-1984, the Assistant Sub-Inspector of Police, Khutauna, found the truck bearing registration No. BRX 8856 unloading certain drums of diesel and mobil oil in the premises of the Middle School. Out of