Criminal Appeal (SJ) No.12 OF 1997 [Appeal against the judgment and order dated 21.12.1996 passed by the Special Judge, Gaya in G.R. case No.3232 of 1993 Trial No.53 of 1996] Munna Prasad, son of late Gopal Prasad, resident of Mohalla Murarpur Road, P.S. Kotwali, Town & Dist. Gaya …………………….. Appellant Versus The State of Bihar ………….. Respondent For the Appellant : Mr. A. K. Jain, Advocate For the Respondent : Mr. R.B. Roy Raman, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.7 of the Essential Commodities Act and sentenced to R.I. for eight months as also a fine of Rs.5,00/- and in default of which further R.I. for one month by a judgment dated 21.12.1996 passed by the Special Judge, Gaya in G.R. case No.3232 of 1993 Trial No.53 of 1996. 2. The case of the prosecution according to P.W.1 is that 370 liters of kerosene oil was allegedly seized from the platform of Vishnu Salt Mill, of which the appellant was the proprietor. 3. During trial, the prosecution has examined eight witnesses. Out of whom, P.W.1 is the informant and he was one of the raiding party along with P.W.2, P.W.4 and P.W.8. P.W.6 has been declared hostile, whereas P.W.7 is a witness, who stated that he knew the appellant since last 5-6 years but he had never seen him sell kerosene oil. During trial P.W.1 has conceded that the liquid seized from the platform of the appellant by smell like 2 kerosene oil was opined to be so and there is no material to suggest that actually it was kerosene or it was diluted water with kerosene. 4. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 21.12.1996 by the Special Judge, Gaya in G.R. case No.3232 of 1993 Trial No.53 of 1996 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 1st July, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )