IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Government Appeal No.82-A of 2001 (Old No.869 of 1997) The State Versus … Appellant Amir Hasan & others … Respondents Dated: April 17, 2010 Sri Amit Bhatt, Addl. GA for the State/appellant None for the respondents HON. DHARAM VEER, J. The present appeal has been preferred against the judgment and order dated 17.1.1997 passed by the Addl. Sessions Judge/Special Judge, Essential Commodities Act 1955, Dehradun in S.T. No.60 of 1994, State Vs. Amir Hasan & others, whereby the learned Addl. Sessions Judge/Special Judge has acquitted the respondents-Amir Hasan, Manphool Ali @ Phool Ahmed and Ibrahim for the offence punishable under Section 364 of IPC. 2. In compliance of the order dated 24.02.2010 passed by this Court summoning the record of the trial court, Officer In-charge, Record Room (Civil)/District Judge’s Court, Dehradun vide report dated 30.3.2010 has reported that the record of the case has been burnt to ashes in an accident of fire in Record Room (Civil) Dehradun in the night of 7.12.1999, hence it is stated that the record could not be sent. Sri Amit Bhatt, Addl. GA for the State/appellant, also submitted that after passing of the judgment and order dated 17.1.1997, which is under challenge, now a period of about thirteen year has expired. He further submitted that now the reconstruction of the record or retrial is also not possible. In a judgment rendered by Allahabad High Court in the case of Aziz Khan Vs. State of U.P. reported in ACC 1992 (29) 223, it was held as under: - “Where record has been lost or destroyed and it is not possible to reconstruct the record, it will not be just or proper to direct the retrial of the case if a long gap has elapsed since the commission of the offence. The occurrence had taken place on 15.10.1976 i.e. 15 years back and the complete record has not been reconstructed; Applying the principle laid down in the above mentioned authorities, we are of the opinion that the appeal of Aziz Khan should be allowed and his conviction and sentence should be set aside and the government appeal against acquittal of accused- respondents is liable to be dismissed.” 3. In view of the above said dictum of Allahabad High Court, the appeal preferred by the State/appellant stands dismissed. The judgment and order dated 17.1.1997 passed by Addl. Sessions Judge/Special Judge (Essential Commodities Act), Dehradun in S.T. No.60 of 1994, State Vs. Amir Hasan & others, is affirmed. (Dharam Veer, J.) April 17, 2010 Rajeev Dang