Criminal Appeal (SJ) No.30 OF 1996 [Appeal against the judgment and order dated 6.2.1996 passed by the Special Judge (E.C. Act)-cum-1st Additional Sessions Judge, Katihar in G.R. case No.2168 of 1990 T.R. No.15 of 1996] 1. Mantu Lal Sah, Son of late Khokha Sah, resident of Binodpur 2. Sanjay Prasad, son of Laxmi Pd., resident of Nayatola 3. Dinesh Kumar Poddar, son of Laxmi Narain Poddar, resident of Durga Asthan 4. Ram Chander Sah, son of Shri Dashrath Panjiyar, resident of Nayatola Bara Bazar, All are P.S. Katihar, in the district of Katihar …………………….. Appellants Versus THE STATE OF BIHAR ………….. Respondent For the Appellants : Mr. N.K. Agrawal, Senior Advocate Mr. D.N. Tiwari, Advocate Mr. Anijit Sinha, Advocate For the Respondent : Mr. Manoj Kumar-I, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellants have been convicted u/s.7 of the Essential Commodities Act and whereas appellant nos.1 and 2 have been sentenced to R.I. for one year and appellant nos.3 and 4 have been sentenced to two years by a judgment dated 6.2.1996 passed by the Special Judge (E.C. Act)-cum-1st Additional Sessions Judge, Katihar in G.R. case No.2168 of 1990 T.R. No.15 of 1996. 2. The case of the prosecution according to the informant is that on 16.10.1990 the appellant nos.1 and 2 were found selling kerosene oil from one tin each, whereas appellant nos.3 and 4 were found selling kerosene oil from a drum. 3. During trial, the prosecution has examined four witnesses. Out of whom, P.W.1 is the Supply Inspector, whereas P.W.2 is the Block Supply Officer and P.W.3 is also the Supply Inspector, whereas P.W.4 is the Inspector of Manihari Police Station. 4. It has been submitted that no independent witness has been examined with regard to selling of kerosene oil by the appellants as also there is no storage limit of kerosene oil and, therefore, no offence whatsoever is made out against any of the appellants. 5. Considering the said arguments, this appeal is allowed and the judgment and order dated 6.2.1996 passed by the Special Judge (E.C. Act)-cum-1st Additional Sessions Judge, Katihar in G.R. case No.2168 of 1990 T.R. No.15 of 1996 is set aside and the appellants are discharged from the liabilities of their respective bail bonds. Patna High Court Dated, 27th June, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )