Patna High Court CR. APP (SJ) No.107 of 1997 dt.11-07-2011 1 Criminal Appeal (S.J.) No. 107 of 1997 (Appeal against the Judgment and Order dated 4.4.1997 passed by the Special Judge (E.C. Act), Purnea, in Special Case No. 7 of 1992.) ------------ GYANI SAH, SON OF LATE LALJI SAH, RESIDENT OF VILLAGE MAHARAJPUR, P.S. PURNEA SADAR, DISTT. PURNEA ------- APPELLANT. Versus THE STATE OF BIHAR ------- RESPONDENT. ---------- For the Appellant : Mr. Rana Pratap Singh No.2, Adv. For the State : Mr. Jitendra Kumar Singh No.2, A.P.P. ---------- P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The Appellant has been convicted under Section 7 of the Essential Commodities Act for having violated the clause of the Bihar Trade Articles (Licenses Unification Order) 1984 and sentenced to one year simple imprisonment by the Special Judge (E.C. Act), Purnea, in Special Case No. 7 of 1992 by a Judgment dated 4.4.1997. 2. The case of the prosecution is that the Appellant who was a fair price dealer had failed to account for 770 Litres of Kerosene Oil which he had lifted. 3. During trial, the prosecution examined four witnesses out of whom PW-1 is the Supply Inspector who had conducted raid at the premises of the Appellant. PW-2 was also one of the raiding party whereas PW-3 and PW-4 are the seizure witnesses. 4. The defence of the Appellant was that in fact, wheel of the bullock cart which had been carrying Kerosene Oil had been damaged which was also conceded by the prosecution witnesses. Patna High Court CR. APP (SJ) No.107 of 1997 dt.11-07-2011 2 5. In view of such categorical defence, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Special Case No. 7 of 1992 by the Special Judge (E.C. Act), Purnea, is hereby set aside. 6. The Appellant is discharged from the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 11th July, 2011. NAFR/S.ALI.