Criminal Appeal (SJ) No. 87 OF 1995 ******** Against the judgment and order of conviction dated 3.6.1995 passed in Special Case No. 43 of 1983 by the learned Additional Sessions Judge-cum-Special Judge, Saharsa. ****** KAPILESHWAR YADAV S/O SRI KALRU YADAV R/O VILLAGE- BALBHADRAPUR, P.S.- BIRPUR, DISTRICT- SUPAUL ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Madhav Pd. Yadav Adv. : Mr. Manoj Kumar Adv. For the State : A.M. Pd. Mehta APP 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 Essential Commodities Act and sentenced to rigorous imprisonment for 1 year by the Additional Sessions Judge-cum-Special Judge, Saharsa in Special Case No. 43 of 1983 by the judgment dated 3.6.1995. 2. The case of the prosecution is that the appellant had lifted grains for his fair price shop in the month of September 1983 but was reported to have sold off the rice in the free market. 3. Pursuant to the said report the shop of the appellant was raided and 24 Kg. of rice was recovered from his house in the presence of P.W. 1 & 2. He had also allegedly violated the provisions of the display order. 4. During trial the prosecution examined 8 witnesses out of whom P.W.1, 2, 3, 4, 5, & 6 are witnesses on the point of search and seizure of the house of Laxmi lal Deo and Ram Sevak Das in the shop of the appellant, P.W.8 is the informant himself. The defence also examined 2 witnesses to show that in fact there were no irregularities committed by the appellant. 6. On going through the evidence, I find that no independent witness has come forward to prove the prosecution case that in fact the appellant had indulge in black marketing and the entire case is based merely on suspicion. 7. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by the Additional Sessions Judge-cum- Special Judge, Saharsa in Special Case No. 43 of 1983 by the judgment dated 3.6.1995 is hereby set aside and he is acquitted of his respective charges. The appellant is discharged for the liabilities from his respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 18th April, 2011 NAFR/ Fahad.