IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.303 of 1996 (Appeal against the Judgment and Order dated 20.11.1996 passed by the Special Judge, E.C. Act, Madhubani, in G.R. Case No. 168 of 1988, Trial No. 195 of 1996.) . ======================================== 1. Bangat Mandal, son of late Yogi Mandal, Resident of Village – Imad Patti, P.S. Bhairabsthan, Distt. Madhubani. 2. Jibachh Yadav, Son of Shri Ritai Yadav, Resident of Village Banaur, P.S. Bhairab Sthan, Distt. Madhubani. .... .... Appellants Versus 1. The State Of Bihar 2. Kashi Yadav, Son of Panchoo Yadav, R/o village – Banaur, P.S. Bhairabsthan, Distt. Madhubani. .... …. Respondents ======================================== Appearance : For the Appellants : Mr. Subodh Kumar Singh, Advocate For the Respondents : Mr. Sanjay Kumar,A.P.P. ======================================== P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J: The Appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to rigorous imprisonment for one year by the Special Judge, E.C. Act, Madhubani, by a Judgment dated 20.11.1996 in G.R. Case No. 186 of 1988, Trial No. 21 of 1995. 2. The case of the prosecution according to the PW-8 is that on 5.4.1988 at about 8.00 P.M. the Appellant No. 1 had been caught with a bag of rice and he disclosed that the Appellant No. 2 who was a PDS dealer had sold out the rice to him on blackmarket rates. 2 3. During trial, the prosecution examined eleven witnesses out of whom PW-8 is the Informant and has conceded that the Appellant No. 2 was a rich Agriculturist and he was in a position to sell out rice even privately. Apart from the fact that the Appellant No. 1 had been caught with a bag of rice purported to have sold by the Appellant No. 1, there is absolutely no evidence about the origin or that the purpose of the said rice was only for Public Distribution and it was not sourced from private fields. 4. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in G.R. Case No. 186 of 1988 (T.R. No. 21 of 1995) by the Special Judge, E.C. Act, Madhubani, is hereby set aside. 5. The Appellants are discharged from the liability of their bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, 24th June, 2011. NAFR/S.ALI