Criminal Appeal (SJ) No.83 OF 1994 [Appeal against the judgment and order dated 7.3.1994 passed by the Special Judge, Araria in Special Case No.1 of 1988/ Tr.No.10 of 1993] BAM NARAYAN SAH SON OF LATE SONELAL SAH, RESIDENT OF VILL. KANAYAN, P.S. ARARIA COURT, DISTRICT ARARIA ---------------------- Appellant Versus THE STATE OF BIHAR -------------------------------- Respondent -------- For the Appellant : Mr. Amar Nath Gupta, Advocate For the Respondent : Mr. Hirday Prasad Singh, A.P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant is aggrieved with the judgment dated 7.3.1994 passed by the Special Judge, Araria in Special Case No.1 of 1988/ Tr.No.10 of 1993, by which he has convicted the appellant u/s.7 of the Essential Commodities Act and sentenced him to R.I. for six months and forfeited the seized fertilizer with an direction that the value thereof be deposited in Government Treasury. The case of the prosecution, in short, is that the B.D.O., Araria instituted the present case stating therein that on a rickshaw he found six bags of Urea loaded, which was suspected will be sold by the appellant at a higher rate and thus would black market the fertilizer. The prosecution has examined in all five witnesses, but none of them have deposed that the appellant was found selling the fertilizer to any person at any rate or that he had purchased the fertilizer at a particular rate which would not be demanded by him in future. After having gone through the evidence on record as well 2 as the judgment of conviction, I find that the entire case is based on mere speculation that the appellant would indulge in black marketing of the six bags of fertilizer but how this speculation was raised is not comprehendible. In view of such, I have no option but to acquit the appellant of the charge u/s.7 of the Essential Commodities Act and discharge him from the liability of his bail bonds and therefore the judgment passed by the Special Judge, Araria in Special Case No.1 of 1988/ Tr.No.10 of 1993 is set aside. However, the fertilizer which has already forfeited may not be returned to the appellant. Patna High Court Dated, 29th March, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )