Criminal Appeal (SJ) No. 138 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Badri Prasad, S/o Late Shiv Nandan Prasad. 2. Pawan Kumar, S/o Badri Pd. Both R/o Ram Nagar Pandasarai, P.S.- Laheriasarai, Dist.-Darbhanga. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants: Mr. Mr. N.K. Agarwal, Sr. Adv. : Mr. Anijit Sinha, Adv. For the State : Mr. Suraj Pd. Singh, APP. ************** 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 RI for one year by a judgment dated 17.05.1994 passed by the Special Judge, Darbhanga in Tr. Case No. 11 of 1991/G.O. Case No. 1 of 1991. The case of the prosecution is that when the premises of the appellants was searched on 06.07.1991 it was found that the price of sugar was not displayed on the display board and, therefore, the present prosecution was lodged. It has been submitted on behalf of the appellants that since the present case was of summary trial the conviction is vitiated on account of the fact that the evidence was recorded by the predecessors of the convicting judge. 2 Considering the aforesaid submission, this appeal is allowed and the judgment dated 17.05.1994 passed by the Special Judge, Darbhanga in Tr. Case No. 11 of 1991/G.O. Case No. 1 of 1991 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 8th April, 2011. NAFR/Vikash/-