Criminal Appeal (SJ) No. 168 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ Manohar Singh, S/o Sardar Awatar Singh, Proprietor Sardar Enterprises, Tajpur, P.S.-Tajpur, District- Samastipur. ……………..(Appellant) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellant : Mrs. Renuka Sharma, Adv. : Mr. Arbind Kumar Mishra, Adv. For the State : Mr. Choubey Jawahar, APP. ************ P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************* Anjana Prakash, J. The appellant has been convicted by the judgment dated 02.06.1994 in G.R. Case No. 14/91 by which Special Judge (E.C. Act) Samastipur sentenced one year RI under Section 7 of the E.C. Act. The prosecution case is that on 03.07.1991 the Supply Inspector filed a written report stating therein that when they inspected the godown of Sardar Enterprises they found 83 quintal and 83 Kgs. wheat in 83 bags and 58 quintal and 90 Kgs. of maize in 62 bags. When they asked for a license with regard to the same it was not produced and, therefore, the present case was instituted since there was a violation of clause 3 of Trade Articles (License Unification) Order 1984. It was further alleged that no stock register and receipts were produced of the said grains. 2 The defence of the appellant was that in fact the appellant was running a flour mill and since the machine had gone out of order the food grains which had been brought for grinding remained in the store house on account of which it was recovered by the informant. Since there is consistent evidence with regard to the recovery of the said grains from the premises of the petitioner, I am not inclined to interfere with the order of conviction. However, in the facts of the case the sentence already undergone by the appellant would suffice for the said conviction. The appeal is dismissed with aforesaid modification. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 29th March, 2011. NAFR/Vikash/-