Criminal Appeal (SJ) No.133 of 1998 Against the judgment and order of conviction and sentence dated 17. 03. 1998, passed by Shri Subodh Paswan, Special Judge, Vaishali at Hajipur, in G.R. Case No. 1614 of 1995. Rajendra Singh, son of Deo Nandan Singh, Fair Price Ration Dealer, resident of Village- Turki Bande, P.S. Bhagwanpur, District- Vaishali. .... .... Appellant. Versus The State Of Bihar .... .... Respondent. For the Appellant. : Mr. Arun Kumar Tripathi, Amicus Curiae. For the Respondent State : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. On repeated calls no one appears on behalf of the appellant. 2. Mr. Arun Kumar Tripathi, Advocate appears and prays that he may be permitted to appear in this case as Amicus Curiae. 3. Prayer is allowed. 4. The appellant has been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for four months and fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for two months. 5. The order of conviction and sentence recorded 2 on the basis of evidence recorded by his predecessor. 6. However having regard to the fact that proceeding under Essential Commodities Act is the summary proceeding and only substance of evidence are required to be recorded by the Presiding Officer of Special Court. Hence order of conviction and sentence cannot be recorded on the basis of evidence recorded by the predecessor without recalling the witnesses. 7. However, evidence of witnesses has not been recorded by the Presiding Officer. Hence, order of conviction and sentence recorded by the lower court is set aside and the appeal is allowed. Patna High Court, The 3rd August, 2011. NAFR/m.p. ( Gopal Prasad, J.)