Criminal Appeal (SJ) No. 108 OF 1994 ******** Against the judgment and order of conviction dated 6.4.1994 passed in Special Case No. 24/1993/13/1993 by the learned Special Judge, Essential Commodities, Nawadah. ****** ARBIND KUMAR S/O SHRI BRAHSPATI YADAV R/O VILLAGE-JORABARDIH, P.S.- KOTWALI, DISTRICT- NALANDA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Sri N.K.Agrawal, Sr. Adv Mr. D.N. Tiwary Adv. Mr. Anujit Sinha Adv. For the State : Mr. Jitendra Kr. Singh No.1 P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant is aggrieved with the judgment dated 6.4.1994 passed by learned Special Judge, Essential Commodities, Nawadah in Special Case No. 24/1993/13/1993, by which the appellant has been convicted under Section 7 Essential Commodities Act and sentenced to rigorous imprisonment for 1 year. 2. The case of the prosecution is that one rickshaw was intercepted with 200 litres of kerosene oil which was suspected to be that of the appellant and, therefore, suspicion was that it was being black marketed. The informant thereafter inspected the business premises of the appellant but no discrepancy in the stock register was found in the same. 3. During trial the prosecution examined as many as 7 witnesses but they are mainly on the point of seizure of the rickshaw of the appellant and there is no further material that in fact the appellant in any manner indulged in black marketing. 4. Considering the evidence on record, the appeal is allowed and the judgment of conviction and sentenced of the appellant passed by learned Special Judge, Essential Commodities, Nawadah in Special Case No. 24/1993/13/1993 is hereby set aside and the appellant is discharged from the liabilities of his bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 1st April, 2011 NAFR/ Fahad.