Criminal Appeal No.4 OF 1995 (S.J.) [Appeal against the judgment and order dated 14.12.1994 passed by the Special Judge, E.C. Act, Madhubani in G.R. case No.326 of 1991/ T.R. case No.109 of 1993] RAM SEVAK PURBEY, SON OF SRI AJAB PURBEY, RESIDENT OF MOHALLA LOHASHI MADHUBANI, P.S. MADHUBANI, DISTRICT MADHUBANI ……………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Ajay Prasad, Advocate Mr. Jitendra Kumar, Advocate For the Respondent : Mrs. Rina Sinha, 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 one year by the Special Judge, E.C. Act, Madhubani in G.R. case No.326 of 1991/ T.R. case No.109 of 1993 by a judgment dated 14.12.1994. 2. The case of the prosecution is that on 14.2.1991 the Supply Inspector along with the S.D.O. Madhubani raided the shop of the appellant and he found kerosene oil stocked by the appellant without any licence. 3. During trial the prosecution has examined five witnesses, but none of the witnesses have supported the fact that the appellant had indulged in sale of kerosene oil and in fact they conceded that he was running a shop of ghee and edible oil. The only evidence that has transpired against the appellant is that he - 2 - stocked 60 liters of kerosene oil, but there is no material to suggest that it was being kept for black marketing and it was merely a presumption. 4. In view of such, the appeal is allowed and the order of conviction and sentence passed against the appellant on 14.12.1994 by the Special Judge, E.C. Act, Madhubani in G.R. case No.326 of 1991/ T.R. case No.109 of 1993 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 2nd May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )