Criminal Appeal (SJ) No. 169 OF 1994 ******** Against the judgment and order of conviction dated 27.5.1994 passed in Special Case No. 38/1983, Tr. No. 3/1994 by the learned Special Judge, E.C. Act, Purnea. ****** DURGA PRASAD S/O LATE RUPCHAND SAO, R/O LINE BAZAR, P.S. KHAZANCHI HAT, IN THE DISTRICT OF PURNEA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. D.N. Jiwan Adv. For the State : Mr. J. Chaubey APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 7 Essential Commodities, Act in Special Case No. 38 of 1983 dated 27.5.1994 by the learned Special Judge, E.C. Act, Purnea and sentenced to rigorous imprisonment for 1 year and fine of Rs. 500/- in default of which further sentenced of 1 month rigorous imprisonment. 2. The case of the prosecution is that when the premises of the appellant inspected on 23.9.1983 he did not produce the cash credit memo and various irregularities in maintaining the records of the grains in his shop was detected. 3. To prove its case the prosecution examined altogether 3 witnesses who mainly supported the fact of irregularities in the up keeping of the registers kept in the premises. 4. Considering the facts of the case as also that the appellant is now about 81 years of age, this appeal is dismissed but with modification in sentence to one that he has already undergone. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 29th March, 2011 NAFR/ Fahad.