Criminal Appeal (SJ) No.111 OF 1994 (Appeal against the Judgment and Order dated 16.4.1994 passed by the Special Judge, Nalanda at Bihar Sharif in Islampur P.S. Case No. 70 of 1993.) SHEO KUMAR PRASAD, SON OF LATE RAM KESHER PRASAD, RESIDENT OF MOHALLA – RANA PRATAP NAGAR POLICE STATION ISLAMPUR, DISTT. NALANDA. --------APPELLANT Versus THE STATE OF BIHAR ---------RESPONDENT ------------ For the Appellant : Mr. Anil Chandra, Advocate. For the State : Dr. Indewar Kumari, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 7 of Essential Commodities Act and sentenced to three years rigorous imprisonment and a fine of ` 5,000/- in default further imprisonment for one year by a Judgment dated 16.4.1994 passed by Special Judge, Nalanda at Bihar Sharif in Islampur P.S. Case No. 70 of 1993. The prosecution case is that the Appellant who was wholesaler failed to account for nine bags of sugar out of 277 bags. The prosecution examined three witnesses out of whom PWs-1 and 2 are seizure witnesses who stated that no seizure was made in their presence whereas PW-3 is formal witness. Neither the Informant nor the Investigating Officer was examined in this case and, therefore, there is complete paucity of any legal evidence against the Appellant. 2 In view of such serious infirmity, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Islampur P.S. Case No. 70 of 1993 by the Special Judge, Nalanda at Biharsharif, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna. Dated, the 8th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)