Criminal Appeal (SJ) No. 159 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Shankar Singh, S/o Jadunandan Singh, R/o Village-Bhuhwar, P.S.-Bibhutipur, District- Samastipur. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Sri N. K. Agarwal, Sr. Adv. : Sri B.N. Tiwari, Adv. : Mr. Anujit Sinha, Adv. For the State : Mr. C. Jawahar, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 7 Essential Commodities Act and sentenced to RI for one year by the 1st Additional Sessions Judge- cum-Special Judge, (E.C. Act) Samastipur in G.O. Case No. 8 of 1987 by a judgment dated 24.05.1994. 2. The case of the prosecution is that on 26.09.1987 the informant inspected the coal shop of the appellant and on demand he failed to produce the stock register. 3. During trial the prosecution examined two witnesses out of whom P.W. 1 is the complainant and P.W. 2 is the Supply Inspector. 4. Apart from these two witnesses no independent witness has been examined nor has the Investigating Officer been examined. 2 5. In the result, the appeal is allowed and the judgment dated 24.05.1994 passed by the 1st Additional Sessions Judge, (E.C. Act) Samastipur in G.O. Case No. 8 of 1987 is set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 2nd May, 2011. NAFR/Vikash/-