Criminal Appeal (SJ) No.381 OF 1994 [Appeal against the judgment and order dated 11.8.1994 passed by the Additional District and Sessions Judge-cum-Special Judge under E.C.Act, Saharsa in Special Case No.16 of 1989] RAM CHARAN MEHTA SON OF HOSHIYAR MEHTA, A RESIDENT OF VILLAGE KORYANI PATTI DOMOHAN, POLICE STATION NIRMALI, DISTRICT SAHARSA (NOW SUPAUL) …………Appellant Versus 1. THE STATE OF BIHAR 2. SHIV NARAYAN MEHATO SON OF LAXMI NARAYAN MEHTO, A RESIDENT OF VILLAGE KORYANI PATT DOMAHAN, POLICE STATION NIRMALI, DISTRICT SAHARSA (NOW SUPAUL) (INFORMANT) ---------------------- Respondents For the Appellant : Mr. R.C. Thakur, Advocate For the Respondents : Mr. Indu Bala Pandey, 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 six months by a judgment dated 11.8.1994 passed by the Additional District and Sessions Judge-cum-Special Judge under E.C.Act, Saharsa in Special Case No.16 of 1989. The prosecution case is that on 7.6.1989 two drums of kerosene oil kept on a wooden cart was recovered and it was suspected that the same was being taken to Nepal by the appellant for black marketing. The prosecution has examined six witnesses in all. Out of whom, P.W.1, P.W.4 and P.W.5 are formal in nature, whereas P.W.2 and P.W.6 have been declared hostile and P.W.3 is the - 2 - informant, who has only half heartedly supported the prosecution case. The conviction of the appellant is based on the sole half hearted evidence of P.W.3, which does not inspire confidence that the prosecution case was completely trustworthy. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant on 11.8.1994 by the Additional District and Sessions Judge-cum- Special Judge under E.C.Act, Saharsa in Special Case No.16 of 1989 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 7th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )