Criminal Appeal No.44 OF 1995 (S.J.) [Appeal against the judgment and order dated 12.4.1995 passed by the Additional Sessions Judge- cum-Special Judge under E.C. Act, Saharsa in Special case No.36 of 1989] 1. BINDESHWARI SINGH, SON OF RAMAVTAR SINGH, RESIDENT OF VILL. NOTIGARH, P.S. SIMIRI BHAKTIYARPUR, DIST. SAHARSA 2. MD. RUSTAM ALI, SON OF MD. IBRAHIM, RESIDENT OF VILLAGE MOHANPUR, P.S. SIMIRI BHAKTIYARPUR, DIST. SAHARSA ………. Appellants Versus THE STATE OF BIHAR ………….. Respondent For the Appellants : Mr. N.K. Agrawal, Senior Advocate Mr. Anujit Sinha, Advocate For the Respondent : Mr. Nirmal Kumar Sinha, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellants have been convicted u/s.7 of the Essential Commodities Act and whereas appellant no.1 has been sentenced to R.I. for nine months and appellant no.2 has been sentenced to R.I. for one year by the Additional Sessions Judge- cum-Special Judge under E.C. Act, Saharsa in Special case No.36 of 1989 by a judgment dated 12.4.1995. 2. The case of the prosecution is that on 7.10.1989 when the stock registers of the shop of appellant no.2 was verified, many discrepancies were found. 3. The simple argument advanced on behalf of the appellants is that it was a summary trial and, therefore, the - 2 - evidence should have been recorded by the Judge, who had recorded the conviction, which was not the case here. 4. In such of such, the appeal is allowed and the order of conviction and sentence passed against the appellants on 12.4.1995 by the Additional Sessions Judge-cum-Special Judge under E.C. Act, Saharsa in Special case No.36 of 1989 is set aside. The appellants are discharged from the liabilities of their bail bonds. Patna High Court Dated, 5th May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )