1. Heard the parties.

2. The petitioner apprehends his arrest in a case u/s. 7 of the Essential Commodities Act.

3. The prosecution case in short is that the Block Supply Officer, Akbarpur, the authorised officer under Cl. 30 of the Bihar Trade Articles (Licenses Unification) Order, 1984 along with the Sub Divisional Officer, Rajauli raided the shop of one Bhuttu Ansari at Nemadraganj Bazar and 840 liters of Blue kerosene oil was recovered contained in drums on which name of the petitioner along with his license number and one another had been inscribed. It is alleged that the petitioner who is a PDS dealer had stored blue kerosene oil in the shop of Bhuttu Ansari for blackmarketing as latter has no license for dealing in blue kerosene oil.

4. It is submitted on behalf of the petitioner that he is a licensed dealer under Public Distribution System and his shop is at some distance from the shop of said Bhuttu Ansari. It is further submitted that the petitioner had been allotted 1000 liters kerosene oil on 14.7.2006 which he had distributed to the respective card holders and this fact has been certified by the Mukhia and Ward Member of the Gram Panchayat. Learned counsel further submits that only on account of recovery of kerosene oil from others shop in drums carrying petitioners name and licence number does not mean that he has indulged in blackmarketing of kerosene oil supplied under the public distribution system in violation of the Unification Order 1984.

5. Learned counsel submits that the petitioner is protected and saved from being prosecuted under the rigours of 7 E.C. Act or the provisions of Unification order, 1984, as he being a dealer under the public distribution system is an Agency of the Government. In view of provisions of cl. 31(2) of the Unification Order, 1984 with regard to sale or storage for sale of any trade article. In support of the aforesaid submission, learned counsel refers to a decision of this court made in the case of Md. Waizuddin V/s. The State of Bihar, 2007 1 PLJR 714. In this case, on written report of Block Supply Officer that the dealers shop was found closed at time of inspection, a P.S. case was instituted u/s. 7 of the E.C. Act and cognizance was taken by the court below which order was quashed by this court observing that the Unification Order, 1984 was not applicable to the petitioner. It was observed that a dealer of public distribution shop being an approved agency u/s. 31(2) of Unification Order, 1984, and as such saved from prosecution u/s. 7 of the E.C. Act for violation of the provisions of the Unification Order.

6. Learned counsel for the petitioner further submits that in the year 2001 the Central Government had promulgated an order known as Public Distribution System Control Order, 2001. The State Government for the first time issued notification under cl. 10 of the Unification Order, 1984 in May, 2006, as such, 2001 order remained unworkable from 31.8.2001 till May, 2006. Learned counsel relied on a Bench decision of this Court in the case of Most Girdhari Kaur and others V/s. The State of Bihar, 2007 1 PLJR 768. In this regard, learned counsel appearing for the State submits that cl. (14) of the PDS (Control) Order, 2001 states that provisions of the order will prevail over previous orders which are only contrary to the present order.

7. The first submission of learned counsel for the petitioner that the PDS dealer is approved agency of the government and saved from prosecution in view of cl. (31)(2) of the Unification Order, 1984 is not borne out from provision of the clause much less there being any material in any form by way of order/notification/letter of approval treating PDS dealership as approved agency for the purpose of exemption with regard to sale, storage of any trade articles. As such, this Court is in respectful disagreement with the observations made in the case of Md. Waizuddin V/s. The State of Bihar, 2007 1 PLJR 714.

8. In this respect, it would be