CRIMINAL APPEAL NO. 56 OF 1994 ******** Against the judgment and order of conviction dated 11.2.1994 passed in G.R. Case No. 629/1985, T.R. No. 40/1990 by the learned Special Judge (E.C.Act), Rohtas at Sasaram. ****** VIJAY KUMAR GUPTA S/O SRI RAM KISHUN SAH R/O VILLAGE-KUDRA JAHANABAD, DISTRICT- ROHTAS ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Ramesh Kr. Agrawal Adv. For the State : Indu Bala Pandey APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted by the judgment dated 11.2.1994 passed by learned Special Judge (E.C. Act) Rohtas at Sasaram in G.R. Case No. 629 of 1985, T.R. No. 40/1990 under Sections 7 (a)(ii) of the Essential Commodities Act, 1955, and sentenced to undergo 6 months rigorous imprisonment and also pay a fine of Rs. 500/- in default of which the further imprisonment of one year. 2. The prosecution case is that 80 litres kerosene was recovered from the shop of the petitioner, which was in access of 20 litres prescribed in law. 3. It has been submitted that in fact the notification that only 20 litres was the upper limit was brought into effect in October, 1985 whereas the present occurrence is of June, 1985, therefore, it would not be applicable in the facts of the case. 4. Considering the same, this appeal is allowed and the appellant is acquitted of the charges. The appellant is discharged from the labiality of his bail bond. 5. However, the 80 liter of kerosene, which have already confiscated by the State Govt. shall not be returned to the appellant in the facts of the case nor will it prejudice the acquittal of the appellant in any manner. 6. In the result, the appeal is allowed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.