Criminal Appeal (SJ) No.156 OF 1995 (Appeal against the Judgment and Order dated 26.7.1995 passed by the 2nd Additional Sessions Judge-cum-Special Judge, Saharsa, in Special Case No. 17 of 1992.) JAI PRAKASH BHAGAT, SON OF RAMJEE BHAGAT, RESIDENT OF SIMARI BAKHIARPUR, P.S. BAKHTIARPUR, DISTT. SAHARSA. ---------- APPELLANT. Versus THE STATE OF BIHAR -------RESPONDENT For the Appellant : Mr. Harendra Tiwari, Adv. Mr. Anil Kumar No. 1, Adv. For the State : Mr. J.K. Singh, A.P.P. ---------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 7 of the Essential Commodities Act and sentenced to one year rigorous imprisonment by a Judgment dated 26.7.1995 passed by the 2nd Additional Sessions Judge-Cum-Special Judge, Saharsa, in Special Case No. 17 of 1992. The prosecution case is that on 31.10.1992 the premises of one Raghunandan Prasad, PW-4 were raided wherein huge quantity of sugar was kept by the present Appellant without a valid license. The prosecution examined five witnesses out of whom PW-1 is the Informant, PW-3 is tendered. PW-2 and PW- 5 along with PW-1 are members of raiding party whereas PW-4 2 is the owner of the room. The defence also examined two witnesses on the point that in fact, the Appellant had not taken the house of PW- 4 on rent. On going through the evidence of the three material witnesses, it is apparent that the sugar which was recovered was admittedly, not from the premises of the Appellant nor is there any document to show that the Appellant was in fact the tenant of PW-4 and he had stocked the alleged sugar. In view of such serious lacuna in the prosecution case, this Appeal is allowed. The order of conviction and sentence passed against the Appellant in Special Case No. 17 of 1992 by the 2nd Additional Sessions Judge-cum-Special Judge (E.C. Act), Saharsa, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 19th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)