Criminal Appeal No.138 OF 1996 (S.J.) [Appeal against the judgment and order dated 20.6.1996 passed by the Special Judge, E.C. Act, Madhubani in G.R. case No.754 of 1983 TR. Case No.71 of 1995] RAM BILAS PURBEY SON OF LATE JEEBACHH PURBEY, RESIDENT OF VILLAGE PANDUL BAZAR MACHHAHTA CHAWK, POLICE STATION PANDUL BAZAR, DISTRICT MADHUBANI ………. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Md. Faiz Ahmad, Advocate For the Respondent : Mrs. Renu Kumari, 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 two years by the Special Judge, E.C. Act, Madhubani in G.R. case No.754 of 1983 TR. Case No.71 of 1995 by a judgment dated 20.6.1996. 2. The case of the prosecution is that the appellant, who was the dealer of Essential Commodities, was suspected of having black marketing sugar after having lifted it from the stores. The same was detected since the stock registers did not carry the relevant entries with regard to the sale of the same. 3. During trial the prosecution in all examined five witnesses whereas defence also examined three witnesses. Out of the prosecution witnesses, P.W.1 and P.W.2 are formal whereas P.W.3 is one of the dealers, who conceded in his cross - 2 - examination that no irregularity had been found by the Supply Inspector. P.W.4, who is the informant, has stated during an enquiry nobody made an allegation against the appellant of having black marketed the articles. 4. In view of such categorical statement of the prosecution witnesses, it would be unsafe to maintain the conviction of the appellant. 5. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 20.6.1996 by the Special Judge, E.C. Act, Madhubani in G.R. case No.754 of 1983 TR. Case No.71 of 1995 is set aside. The appellant is discharged from the liability of his bail bond. Patna High Court Dated, 19th May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )