Criminal Appeal (S.J.) No. 26 of 1997 (Appeal against the Judgment and Order dated 17.1.1997 passed by the Special Judge, Saharsa, in Special Case No. 3 of 1987) ------------ KRISHNA KUMAR BHAGAT @ KISTO BHAGAT, SON OF SRI MAHADEO BHAGAT, RESIDENT OF VILLAGE KASHNAGAR, P.S. SONBARSA, DISTT. SAHARSA . ------- APPELLANT. Versus THE STATE OF BIHAR ------- RESPONDENT. ---------- For the Appellant : Ramesh Kumar Agarwal, Adv. For the State : Mr. Nirmal Kumar Sinha, A.P.P. ---------- P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The Appellant has been convicted under Section 7 of the Essential Commodities Act for having violated the clause 3 of the Bihar Trade Articles (Licenses Unification) Order, 1984 and sentenced to one year rigorous imprisonment and a fine of Rs. 5,000/- in default of which simple imprisonment for three months by the Special Judge (E.C. Act), Saharsa, in Special Case No. 3 of 1987 by a Judgment dated 17.1.1997. 2. The case of the prosecution is that on 26.4.1987, the Informant who was the Circle Officer has deposed as PW-2 submitted a written report stating therein that on the same day in the presence of the independent witnesses, three drums containing 660 Liters of Kerosene Oil was seized from the godown of the Appellant which was not explained by him. 3. During trial, the prosecution examined four witnesses out of whom PW-2 is the Informant whereas the rest of the witnesses are on the point of recovery of the oil. Patna High Court CR. APP (SJ) No.26 of 1997 dt.11-07-2011 2 4. It appears that there was no proof that in fact, the seized article was kerosene and nothing else. 5. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Special Case No. 3 of 1987 by the Special Judge (E.C. Act), Saharsa, is hereby set aside. 6. The Appellant is discharged from the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 11th July, 2011. NAFR/S.ALI.