Criminal Appeal (SJ) No.394 OF 1994 [Appeal against the judgment and order dated 22.11.1994 passed by the Special Judge, E.C. Act, Begusarai in Bakhri P.S. case No.19 of 1989] SHANKAR SAHU SON OF SONELAL SAHU, RESIDENT OF VILALGE BAKHRI, P.S. BAKHRI, DISTRICT BEGUSARAI …………………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Sheel Bhadra Jha, Advocate Mr. Sheo Nandan Mishra, Advocate For the Respondent : Mr. Choubey Jawahar, 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 read with Clause 10 of the Bihar Trade Articles (Licence Unification) Order, 1984 and sentenced to R.I. for ten months by a judgment dated 22.11.1994 passed by the Special Judge, E.C. Act, Begusarai in Bakhri P.S. case No.19 of 1989. The case of the prosecution is that the appellant was running a fair price shop in village Bakhri and when the informant went to purchase kerosene oil and sugar from his shop he was told that there is no stock of the same, but soon thereafter he saw two bags of sugar being taken to the shop of Md. Seraj and Israil. Earlier one tin of kerosene oil had been seized by the informant and was given to the Marketing Officer and no action was taken on the same. During trial the prosecution has examined six - 2 - witnesses in all. Out of whom, P.W.1 is an F.I.R. named witness and on the point of seizure list having been prepared in his presence upon seizure from shop of Seraj Alam. P.W.2 Murari Mahto has stated that he had taken sugar from the shop of appellant to that of Seraj Alam and was caught by the students. P.W.3 is a formal witness, whereas P.W.4 is the Investigating Officer. P.W.5 is also a seizure witness on the point of recovery of sugar from the shop Seraj and Tanveer Alam. P.W.6 has not supported the case of the prosecution and has been declared hostile. The informant has not been examined by the prosecution. In effect therefore the case rests on the evidence of P.W.1, P.W.2 and P.W.4, who have merely stated about sugar having been taken from the shop of the appellant to that of Md. Seraj but that by itself would not make out any offence punishable u/s.7 E.C. Act. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 22.11.1994 passed by the Special Judge, E.C. Act, Begusarai in Bakhri P.S. case No.19 of 1989 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 8th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )