Heard the counsel for the petitioner and the State.

2. The petitioner has challenged the order dated 11.05.2011 passed by the learned Sub Divisional Judicial Magistrate, Nawada in Pakribarawan P.S. Case No.28 of 2007, whereby the prayer for discharge under Section 239 of the Code of Criminal Procedure on behalf of the petitioner has been rejected.

3. As per the First Information Report, on secret information, the Block Supply Officer with other police officials reached Dumrawan-Baliyari crossing and intercepted the petitioner, who was found in possession of two plastic jerrycans, containing 40 liters each of blue kerosene oil. On being asked about the reason for possessing such huge quantity of kerosene oil, the petitioner is said to have disclosed that the same was purchased from a P.D.S. Dealer for consideration. However, since no paper was produced with respect to the purchase of kerosene oil, the kerosene oil was seized and the petitioner was made accused for the offence under Section 7 of the Essential Commodities Act.

4. A prayer for discharge on behalf of the petitioner was made on the ground that the petitioner is not a P.D.S. Dealer and the kerosene oil so recovered from