Criminal Appeal (SJ) No.96 OF 1994 (In the matter of an application under Section 12 AB of Essential Commodities Act, 1955 as amended up to date read with Section 374(2) under Chapter XXIX of the Code of Criminal Procedure, 1973) NOKHU KUMAR, SON OF LATE YOGENDRA KUMAR, RESIDENT OF VILLAGE DAYALPUR, P.S. CHANDI, DISTT. NALANDA ------- ACCUSED-APPELLANT Versus STATE OF BIHAR ----------RESPONDENT ------- For the petitioner : Mr. Deepak Kumar, Sinha, Advocate For the State : Dr. Indiwar Kumari, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard The Appellant has been convicted by the Special Judge, Nalanda at Bihar Sharif, in Chandi P.S. Case No. 16 of 1993 (G.R. No. 6 of 1993) by a Judgment dated 18.3.1994 under Section 7 of the Essential Commodities Act and sentenced him to a find of Rs. 2,000/- in default of which rigorous imprisonment of one month. The case of the prosecution is that PW-1 inspected the shop of the Appellant on 10.1.1993 at 11.00 A.M. but no kerosene oil, wheat and rice were found in his shop nor the stock register was traced out and only sale registers of Sugar and kerosene oil was found in the shop. The Appellant stated that he had not yet lifted wheat, sugar and kerosene oil and had in fact, deposited the register in the Chandi Block. During trial, the prosecution case examined four witnesses out of whom PW-2 who was a F.I.R. witness was 2 declared hostile whereas PW-3 another F.I.R. witness was tendered and PW-4 is the formal witness, so the entire case rested on the evidence of PW-1 (Informant) and there is no further objective corroboration with regard to the prosecution case. It has been submitted that the case has been founded on mere suspicion and even after investigation, there was no material to warrant charge sheet or to substantiate the charge against the Appellant. On going through the evidence on record and the Judgment of conviction, I am also of the view that there is absolutely no material against the Appellant. In view of such, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Chandi P.S. Case No. 16 of 1993 (G.R. No. 6 of 1993) by the 1st Additional Sessions Judge, Nalanda at Biharsharif, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 29th day of March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)