Criminal Appeal No.72 OF 1995 (S.J.) [Appeal against the judgment and order dated 20.5.1995 passed by the Special Judge (under E.C. Act), Saharsa in Special case No.10 of 1993] MADAN MOHAN PRASAD, SONOF LATE PRAKASH LAL BHAGAT, RESIDENT OF SIMARI BAKHTIARPUR, P.S. SIMARI, BAKHTIARPUR, DISTRICT SAHARSA ……………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Sanat Kumar Jha, Advocate For the Respondent : Mr. Hirday Pd. Singh, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.7 of the Essential Commodities Act for violating the Clause 3 of the Bihar Trade Articles (Licences Unification) Order, 1984 and sentenced to R.I. for six months by the Special Judge (under E.C. Act), Saharsa in Special case No.10 of 1993 by a judgment dated 20.5.1995. The prosecution case is that on the date of occurrence a truck loaded with wheat was intercepted and the truck driver revealed that it was the appellant, who had got loaded the wheat on the truck for sale. During trial the prosecution has examined three witnesses on its behalf. Out of whom, P.W.1 is the Officer Incharge, who had intercepted the truck and the informant of the case as also the part I.O. P.W.2 is a tendered witness and P.W.3 is part I.O. On behalf of the defence three witnesses were examined to - 2 - show some partnership documents and the fact that the appellant had a valid dealer’s licence. On going through the evidence of the three witnesses, I find that the only material that has transpired is the recovery of bags of wheat which was allegedly got loaded by the appellant but that by itself does not show any violation of the Rules of the Unification Order since the appellant was a licensee. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 20.5.1995 passed by the Special Judge (under E.C. Act), Saharsa in Special case No.10 of 1993 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 26th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )