Criminal Appeal No.243 OF 1995 (S.J.) [Appeal against the judgment and order dated 10.11.1995 passed by the Special Judge, E.C. Act, Saran at Chapra in G.R. case No.526 of 1988 Trial No.33 of 1995] SHEOJI PRASAD, SON OF SRI SURAJ SAH, RESIDENT OF VILLAGE SANDHA, P.S. CHAPRA MUFASSIL, DISTRICT SARAN ……………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. N.K. Agrawal, Senior Advocate Mr. D.N. Tiwari, Advocate Mr. Anujit Sinha, Advocate For the Respondent : Mrs. Pushpa Sinha No.2, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.7 of the Essential Commodities Act and sentenced to R.I. for six months and a fine of Rs.500/- and in default of which further R.I. for one month 10.11.1995 by the Special Judge, E.C. Act, Saran at Chapra in G.R. case No.526 of 1988 Trial No.33 of 1995 by a judgment dated 10.11.1995. The case of the prosecution is that when the shop of the appellant was physically verified, some irregularities were found in maintenance of the books. During trial the prosecution has examined only two witnesses on its behalf. Out of whom, P.W.1 is the informant himself, whereas the P.W.2 has been declared hostile. In view of no independent corroboration of the case of - 2 - the informant, I am not inclined to accept the prosecution case as having been established beyond all reasonable doubt. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 10.11.1995 by the Special Judge, E.C. Act, Saran at Chapra in G.R. case No.526 of 1988 Trial No.33 of 1995 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 29th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )