Criminal Appeal (SJ) No.91 OF 1994 (In the matter of an Appeal under Section 374(2) of the Code of Criminal Procedure) 1. RAMA NAND MANDAL, SON OF LATE DOMAN MANDAL 2. JHARU LAL MANDAL @ JHARU MANDAL, SON OF LATE SOHAN LAL MANDAL 3. MITESH @ MIVTESH KUMAR MANDAL, SON OF LATE DAYA LAL MANDAL ALL ARE RESIDENTS OF VILLAGE – LATHA, P.S. SIKATI, DISTT. ARARIA. ----- APPELLANTS. Versus THE STATE OF BIHAR --------RESPONDENT. ------ For the Appellant : Mr. Yogendra Kumar, Advocate. Mr. Anant Kumar, Advocate Mr. Sanjay Kumar Sharma, Advocate For the State : Mr. C. Jawahar, A.P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. This Appeal has been filed against the Judgment dated 10.2.1994 passed by the Special Judge-cum-1st Additional District and Sessions Judge, Araria, in Special Case No. 69 of 1986 by which he has convicted the Appellants under Section 7 of the Essential Commodities Act. The case of the prosecution is that Dafadar (PW-2) found a Bullock Cart going towards Nepal at about 9.00 P.M. on 1.12.1986 on which eight mounds of paddy in six bags and on another Cart, five mounds of paddy in nine plastic bags were loaded. The Appellants were allegedly identified while fleeing away leaving the Bullock Carts. It was suspected by the 2 Informant that the Bullock Cart was being taken to Nepal for purposes of black-marketing. The prosecution has examined six witnesses in support of its case in which PW-2 is the sole eye witness. It has been submitted on behalf of the Appellants that there is absolutely no evidence against the Appellants that they were the occupants of the Bullock Carts and that the paddy loaded on the Bullock Carts were indeed for purposes of black-marketing. The entire case is based on mere speculation that the act of black-marketing was to be committed. I am inclined to accept the submission made on behalf of the Appellants. Considering the same, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in Special Case No. 69 of 1986 by the Special Judge-cum-1st Additional District and Sessions Judge, Araria, is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna, Dated, the 29th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)