Criminal Appeal (SJ) No. 333 OF 1994 Against the judgment and order dated 15.09.1994 passed by Sri Abhay Shankar Prasad, Special Judge, Purnea in Special Case No. 61 of 1986. ************ Owais Athar, S/o Abdul Halim, resident of Mohalla Line Bazar, P.S.-Khajanchi Hat, Town & Dist.-Purnea. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Sri N.K. Agrawal, Adv. : Mr. D.N. Tiwari, Adv. : Mr. Amarjit Sinha, Adv. For the State : Mr. Nirmal Kumar Sinha, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 7 Essential Commodities Act for violating Clause 3(b) of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 and sentenced to RI for one year and a fine of Rs. 500/- by the Special Judge, Purnea in Special Case No. 61 of 1986 by a judgment dated 15.09.1994. 2. The case of the prosecution is that when Ajil Lal, Marketing Manager, Purnea raided the house of the appellant he found no price mentioned on medicines recovered from there. 3. During trial the prosecution examined six witnesses out of whom P.W. 2 is the Supply Officer whereas P.W. 4 is the Block Supply Officer and the informant, P.W. 5 is the Supply Inspector and the rest of the witnesses are on the factum of recovery. 4. It has been submitted that the prosecution witnesses have admitted that the medicines recovered from the shop of the appellant were physician’s sample and, 2 therefore, there was no requirement for the manufacturing date or the price. 5. In the result, the appeal is allowed and the judgment dated 15.09.1994 passed by the Special Judge, Purnea in Special Case No. 61 of 1986 is, hereby, set aside. The appellant is acquitted of the charge and discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 30th June, 2011. NAFR/Vikash/-