Criminal Appeal (SJ) No. 39 OF 1995 ******** Against the judgment and order of conviction dated 22.3.1995 passed in G.R. No. 198/91, T.R. No. 70/94 by the learned Special Judge, Gaya. ****** VIJAY KUMAR S/O RAMSWARUP MANGHI R/O LALSEBIGHA, P.S.- KAKO, DISTRICT- JAHANABAD ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Sanjeev Kumar Mishra Adv. For the State : Mr. Nirmal Kumar Sinha 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 6 months and to pay a fine of Rs. 500/- in default of which further rigorous imprisonment for 2 months passed by the learned Special Judge, Gaya in G.R. No. 198/91, T.R. No. 70/94 by the judgment dated 22.3.1995. 2. The case of the prosecution is that certain irregularities were detected in the shop of the appellant who was a public distribution system dealer. 3. The prosecution in all examined 6 witnesses out of whom P.W. 4 and 6 have been declared hostile, P.W. 5 is tendered, P.W. 1 is formal whereas P.W. 2 is the informant and P.W. 3 is the customer in the appellant’s shop. 4. Evidently the Investigating Officer was not examined nor has any independent witness been examined to corroborate the story of the informant P.W.2. 5. Under the circumstances, the appeal is allowed and the order of conviction and sentence passed against the appellant by the learned Special Judge, Gaya in G.R. No. 198/91, T.R. No. 70/94 by the judgment dated 22.3.1995 is hereby set aside and he is acquitted of the charges. The appellant is discharged from the liabilities of his bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 29th April, 2011 NAFR/ Fahad.