1. Heard the counsel for the petitioners and the counsel for the State.

2. Petitioners in all these three applications are dealers of Public Distribution System and have prayed for quashing the orders taking cognizance of offence under Section 7 of the Essential Commodities Act.

3. Common ground has been adopted by the petitioners for quashing the order of cognizance. They have claimed immunity and exemption from prosecution in view of Clause 31(2) of the Bihar Trade Articles (Licence Unification) Order, 1984, being the dealer and representative of the State Government under the Public Distribution System. Similarly they have challenged, very initiation of proceeding, on the basis of search and seizure made by the informant and institution of cases as they were not authorised by the State Government under Clause 10 of the Public Distribution System (Control) Order, 2001 .

4. In Cr. Misc. No. 5063 of 2005 the order of the Chief Judicial Magistrate, Nalanda at Biharsharif, dated 23.8.2004, in Bihar PS. Case No. 23 of 2003, in Cr. Misc. No. 28259 of 2004 the order of the Subdivisional Judicial Magistrate, Buxar, dated 20.12.2002, in Dumraon P.S. Case No. 20 of 2004 and in Cr.