Criminal Appeal (SJ) No. 62 OF 1995 ******** Against the judgment and order of conviction dated 12.5.1995 passed in Special Case No. 7of 1988 by the learned Addl. District and Sessions Judge-cum- Special Judge (E.C.Act), Saharsa. ****** BINDESHWARI BHAGAT S/O LATE JAGDISH BHAGAT, R/O SAPAHA, P.S.- SOUR BAZAR, P.O. GAMHARIYA RAMPUR, DISTRICT- SAHARSA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Ranjan Kr. Singh Adv. For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 7 of the Essential Commodities Act by the judgment dated 12.5.1995 passed in Special Case No. 7of 1988 by the learned Addl. District and Sessions Judge-cum-Special Judge (E.C.Act), Saharsa. 2. The case of the prosecution is that when the informant P.W.6 along with P.W.4 went to residential house of the appellant on 24.3.1988 he found him running a rice mill without a license. 3. The prosecution in all examined 7 witnesses whereas the defence examined 1 witness, the court below acquitted the appellant for contravention of Section 13 of Rice Milling (Regulation) Act, 1958 but held him guilty under the 7 Essential Commodities Act for having been in possession of food grains without licence for storage. 4. Admittedly the grains which was recovered from the house of the appellant was much below the storage limit and, therefore, there is no question of any contravention of the provisions of the unification order. In view of the complete paucity of any evidence to substantiate the conviction of the appellant, the appeal is allowed and conviction and sentenced of the appellant passed by the judgment dated 12.5.1995 in Special Case No. 7 of 1988 by the learned Addl. District and Sessions Judge-cum-Special Judge (E.C. Act), Saharsa is hereby set aside and the appellant is discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 22nd April, 2011 NAFR/ Fahad.