Criminal Appeal (SJ) No. 247 OF 1996 Against the judgment and order dated 12.09.1996 passed by Sri Ibrar Hassan, Special Judge, Gaya, in G.R. No. 3041/90/Tr. No. 29/96. ************ Basudeo Prasad Sao, S/o Ramdhani Sao, Resident of Village-Anti, Police Station-Konch, District-Gaya. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Anil Singh, Adv. For the State : Mr. Sanjay Kumar, 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 of the Essential Commodities Act and sentenced to RI for six months and a fine of Rs. 500/- in default of which further RI for six months by the Special Judge, Gaya in G.R. No. 3041/90/Tr. No. 29/96 by a judgment dated 12.09.1996. 2. The prosecution case is that the Block Supply Officer, P.W. 2 inspected the fair price shop of the appellant on 08.11.1990 and even though he had lifted 5 quintals of sugar from the godown of State Food Corporation on 06.11.1990 but the same would not found in the shop. 3. During trial the prosecution examined six witnesses out of whom informant is P.W. 2 whereas P.W. 1 is a seizure witness. Even though the P.W. 3, P.W. 4 and P.W. 5 have proved the signatures on the seizure list they did not support the prosecution case and, therefore, they were declared hostile. P.W. 6 is a formal witness. 4. On going through the evidence of the witnesses, I find that there is complete paucity of any evidence to show that in fact the appellant has indulged in 2 black-marketing and merely the absence of the sugar lifted would not conclusively prove the fact that the appellant has indulged in black-marketing. 5. In the result, the appeal is allowed and the judgment dated 12.09.1996 passed by the Special Judge, Gaya in G.R. No. 3041/90/Tr. No. 29/96 is, hereby, set aside. The appellant is acquitted of the charges and discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 29th June, 2011. NAFR/Vikash/-