P.K.Sarin, J.

1. This criminal revision application is directed against the order dated 19.2.1991 passed by Special Judge (E.C. Act), Patna, in Special Case No. 14 of 1989 whereby he has taken cognizance of an offence under Sec. 7 of the Essential Commodities Act (hereinafter referred to as the Act) against the petitioner.

2. It appears that a prosecution report was lodged by Inspector (Food) C.I.D., Patna, at the Gardanibagh Police Station Alleging that the petitioner lifted coal from collieries and instead of bringing coal at his place of business he diverted the same to U.P. and thereby be committed an offence punishable under Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as the Order). The copy of the first information report has been filed as Annexure-1. It was stated in the said report that the petitioner has contravened the provisions of Clauses 10 and 16(1) of the Order and the terms of the licence. The Police, after investigation, submitted charge-sheet finding it to be correct that the coal was sent to U.P. by the petitioner instead of bringing it to his place of business. The learned Special Judge took cognizance of the offence