Ram Nandan Prasad, J.

The present application is directed against the order dated 2.1.1984 whereby the learned Special Judge, Saharsa, has taken cognizance against the petitioner of the offence under section 7 of the Essential Commodities Act. Further prayer is to quash the entire criminal proceeding of the case.

2. According to the prosecution case, the Circle Officer of Chousa, District Saharsa, accompanied by an Assistant inspected the godown of the petitioner in Chousa Bazar and found that the petitioner had stored 25 bags of paddy, 23 bags of oil seeds and five bags of maize and he also found 200 empty bags in (he godown. In the opinion of the Circle Officer, Chousa, Storing of such quantity of foodgrains without licence amounted to violation of the provision of the Essential Commodities Act (hereinafter referred to as 'the Act') and the rules (sic) framed thereunder. He, therefore, filed a written report at Chousa Police Station (Chousa Police Station Case No. 74 of 1983). The police in due course submitted charge-sheet and, therefore, the learned Special Judge by the impugned order took cognizance against the petitioner.

3. It has been submitted on behalf of the petiti