Criminal Appeal (SJ) No.266 of 1996 Against the judgment and order dated 20th September, 1996 passed by Sri Nand Kishore Narayan Sinha, Special Judge, Sitamarhi in G. R. Case No. 844 of 1990 / Trial No. 42 of 1996. Nandipat Sah, Son of Thaga Sah, resident of village – Bathuara, P.S. – Bela, District Sitamarhi. .... .... Appellant. Versus The State Of Bihar .... .... Respondent. ------------- For the Appellant : Mrs. Vimala Kumari, Amicus Curiae. For the Respondent : Mr. Sujit Kumar Singh, A.P.P. --------------- P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Nobody appears on behalf of the appellant. Mrs. Vimala Kumari, Advocate is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellant has been convicted for the offence under Section 7 of the E.C. Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- (five hundred) and in default, to undergo rigorous imprisonment for one month. 4. On perusal of the record, it appears that the judgment of conviction and sentence has been recorded by the learned trial court on the basis of the evidence recorded by his predecessor. 5. However, under the Essential Commodities Act the provision is 2 for a summary proceeding. Section 12 AA of the E.C. Act and Section 326 (3) of the Cr.P.C provides that in summary proceeding only the substance of the evidence is required to be recorded and hence a conviction cannot be recorded on evidence by his predecessor. 6. Hence, having regard to the fact that the Presiding Officers before passing the order, has neither recorded the evidence of the witnesses nor has call for the attendance of the witnesses and hence the order of conviction and sentenced recorded by the Presiding Officer is not sustainable and since the occurrence is of the year 1990, and hence it is not in the interest to back the matter to de novo trial and hence the order of conviction and sentence is set aside and the appeal is allowed. 7. Mrs. Vimala Kumari, shall be supplied a copy of this judgment and she shall be entitled for the fee of hearing payable by Patna High Court Legal Aid Services Committee. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 29th July, 2011. N.A.F.R./Kundan.