Heard the learned Counsel for the petitioner. None appeared on behalf of the State.

2. The petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the entire criminal proceeding including the order taking cognizance passed by the S.O.J.M., Godda in Mahagama P.S. Case No. 154 of 2006 corresponding to G.R. No. 1093 of 2006 under Section 7 of the Essential Commodities Act.

3. The prosecution story was that a cyclist carrying 50 litres of K. Oil was intercepted by the Supply Inspector O.P. No. 2 and on interrogation the accused disclosed that he had purchased K.Oil from one Janki Mahto of village Urja Nagar. Pursuant to such information the informant tried to search out Janki Mahto in that village but he could not be traced and ultimately the petitioner of village Harinchara who was having a fair-price shop was interrogated. The stock on verification though was found correct, yet, the F.I.R. was instituted against him and the cyclist Ajit Kumar Pandit.

4. Mr. Deo, learned Counsel on behalf of the petitioner made two fold arguments. First, that no irregularity was found in the stock by the informant on physical verification of his fair-price shop and secondly, neither in the F.I.R. nor in the cognizance order impugned violation of provisions of any control order or unification order as framed under Section 3 of the Essential Commodities Act was alleged or pointed out so as to attract offence under Section 7 of the E.C. Act against him.

5. I find from the perusal of the F.I.R. as well as the cognizance order impugned passed by the S.D.J.M. on 3.1 .2007 that there was absence of such legal ingredients.

6. In the circumstances, the criminal prosecution of the petitioner Janki Mahto @ Janki Prasad Mahto and the cognizance taking order impugned dated 3.1.2007 of the offence under Section 7 E.C. Act against him is quashed.

7. This petition is allowed.