Criminal Appeal (SJ) No. 251 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Sheo Chandra Mallah @ Sheo Charan Mallah, S/o Pulkit Mallah. 2. Pulkit Mallah, S/o Garbhu Mallah. Both R/o Pipra Bazar, P.S.-Pipra, Dist.- Saharsa at present (Supaul) ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Md. Fazal Rahman, Adv. : Mr. Ansur Rahman, Adv. For the State : Mr. Aslam Ansari, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to RI for one year by the Additional District & Sessions Judge-cum-Special Judge (E.C. Act), Saharsa in Special Case No. 4 of 1983 by a judgment dated 26.07.1994. 2. The case of the prosecution is that on 07.11.1982 the Block Agriculture Officer raided the fertilizer shop of the appellant No. 1 and found irregularity in maintaining the books and they also found fertilizer which was sold from BISCOUMAN and it was suspected that it was being stored for black- marketing. 3. The prosecution in all examined six witnesses out of whom P.W. 1, P.W.2 and P.W. 3 have been declared hostile. P.W. 4 is tendered whereas P.W. 5 is the informant and P.W. 6 is the part Investigating Officer. 4. Most importantly the seizure witnesses and on the fact of inspection have not supported the case of the prosecution and, therefore, it is difficult to sustain the conviction of the appellants. 5. In the result, the appeal is allowed and the judgment dated 26.07.1994 passed by the Additional District and Sessions Judge cum-Special Judge (E.C. Act), Saharsa in Special Case No. 4 of 1983 is set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 5th May, 2011. NAFR/Vikash/-