1. In the instant writ application the petitioner has prayed for quashing the F.I.R. of Jagdishpur P.S. Case No. 183/07 dated 30.10.07 for the offence under Section 7 of the E.C. Act.

2. The prosecution case, in brief, as made out on the written report submitted by the Marketing Officer, Jagdishpur Block, District-Bhagalpur is as follows:-

The informant alleges that the D.D.C. during enquiry found 41.5 quintals rice said to be of Sampoorna Gramin Rojgar Yojna stored in the godown of the petitioner. He has further alleged that stock of aforesaid rice is not mentioned in register. As such, it is alleged that the same has been stored for the purpose of Blackmarketing.

3. The petitioner submits that he is a P.D.S. dealer and out of 4558.87 quintals of rice allotted to him, only 4558-87 quintals of rice have been lifted by the agency concerned and rest 41.5 quinals of rice was yet lifted. The Junior Engineer also accepted that due to non-availability of vehicle the said rice could not be lifted. The learned counsel submits that the rice is a denotified commodity since 2002 and there is free sale of the same. It is further submitted that P.D.S. Dealer being agency cannot be pros