IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2605 of 2019 Arising Out of PS. Case No.-49 Year-2017 Thana- BAISI District- Purnia ====================================================== 1. Mohammad Ekram @ Ekram and Anr Late Kamaluddin Resident of village - Sakarbalia, P.s. Baisi, District- Purnea 2. Mohammad Abrar @ Ibrar Mohammad Ekram Resident of village - Sakarbalia, P.s. Baisi District - Purnea. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Singh, Adv For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 21-07-2026 Heard the parties. 2. This is an application for quashing of order dated 17.02.2018 passed in Baisi P.S. Case No. 49/2017, where cognizance for the offence under Section 420 of the IPC and Section 7 of the Essential Commodities Act was taken against these petitioners by learned SDJM, Purnea. 3. The case of prosecution in brief is that on 21.03.2018 at 8:00 AM during patrolling informant/police found two tractors near NH-31. Drivers were sitting on both the tractors. All the rice loaded on the tractors were in plastic bags and was hand sewn. The drivers of the tractor told that the vehicle belongs to the petitioners. They also stated that at 06:00 in the morning he had loaded the same from Bari Bazar and Naya Tola, Katihar and it was to be unloaded in the godown of one Banti Singh. The information suspected that the Patna High Court CR. MISC. No.2605 of 2019 dt.21-07-2026 2/3 rice was subsidized rice and thus, they seized the vehicle and lodged the FIR. 4. Learned counsel for the petitioners submitted that they are owner of the tractors from which food-grains was recovered. Neither from the FIR nor during investigation, any material can be shown which would show that rice was subsidized food grain. The rice was in plastic bag and it was not in the bags of SFC or Government food-grains. There is no complaint against the petitioners about transporting of the aforesaid rice from any PDS shop for its black marketing. As the petitioners do no happen to be PDS dealer rather private person, no offence under Section 7 E.C Act is made out against them and there is no accusation of Section 420 IPC levelled against the petitioners. Hence taking cognizance of the offence under aforesaid Sections against the petitioners is nothing, but the abuse of process of the court of law. Learned Counsel for the petitioners has relied upon the judgments of this Court as rendered in Arvind Kumar vs. The State of Bihar, [2014(4) PLJR 255] and Dilip Kumar vs. The State of Bihar, [2018(2) PLJR 902]. 5. Learned APP appearing on behalf of State, while opposing the quashing petition submitted that petitioners are misusing the scheme of the Government and indulging in black- marketing. 6. In view of aforesaid factual and legal discussions and by taking note of the fact as petitioners are private persons, Patna High Court CR. MISC. No.2605 of 2019 dt.21-07-2026 3/3 where there is absolutely no objective material to connect seized rice to any government agency or PDS dealer, makes this entire prosecution malafide and, therefore, impugned order is fit to be quashed and set aside. Accordingly, order dated 17.02.2018 with all its consequential proceedings, qua, petitioners arising thereof as passed in Baisi P.S. Case No.49/2017, pending before learned Sub- Divisional Judicial Magistrate, Purnea is hereby quashed and set aside. 7. Hence, this application stands allowed. 8. TCR (Trial Court Records), if any, be returned to the learned Trial Court alongwith the copy of this judgment. S.Tripathi/- (Chandra Shekhar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 21.07.2026 Transmission Date 21.07.2026