Criminal Appeal (SJ) No.264 of 1997 **** Against the judgment, dated 30.08.1997, passed by Shri Ajay Kumar Srivastava, Special Judge, Essential Commodities Act, Sasaram, in G.R. Case No. 630 of 1987 **** Mundrika Singh, son of late Radha Singh, resident of v illage Baijla. Police Office Mokar, P.S. Sasaram, district Rohtas .. Appellant Versus The State Of Bihar .. Respondent **** For the Appellant .. Mr. Kamal Nayan Chaubey, Sr. Adv. with M/S Ashok Kumar Garg, Sidhharth Harsh, Yogendra Kumar Dwivedi & Akhilesh Kumar Pandey, Advs. For the Respondent .. Mr. Sujit Kumar Singh, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard the counsel for the appellant and the State. 2. This appeal is directed against the order, dated 30.08.1997, passed by the Special Judge, Essential Commodities Act, Sasaram, in G.R. Case No. 630 of 1987, by which the appellant has been convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for six months. 3. From the perusal of record it appears that the evidence 2 recorded by one Presiding Officer, but, judgment passed by his predecessor, without calling the witness. The proceeding of Essential Commodities Act is summary proceeding and only substance of evidence required to be recorded, hence, under Section 326 (3) of the Criminal Procedure Code the Presiding officer who recorded the evidence is only required to pass judgment and, hence, the order of conviction and sentence passed by Presiding Officer on the evidence recorded by his predecessor, i.e., one who has not recorded the evidence is not sustainable, hence, order of conviction and sentence is set aside. 5. The appeal is allowed. ( Gopal Prasad, J. ) The Patna High Court, The 21st day of July 2011, N.A.F.R., S.A.