Criminal Appeal (SJ) No.211 OF 1994 Against the Judgment and order dated 5.7.1994 passed by Sri Jeevan Tigga, the Special Judge, Nalanda at Biharsharif, in Noorsarai P.S. Case No. 98 of 1990. PUNA SAO, son of Late Fakira Sao, resident of Village- Dhibrapar,P.S.- Tharthari, District- Nalanda --------(Appellant) Versus THE STATE OF BIHAR ------- ( Respondent) For the appellants : Mr. Nand Kishore Prasad, no.II, Advocate. For the State : Mr. Indu Bala Pandey, 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 and sentenced him to undergo simple imprisonment for two months and to pay a fine of Rs. 2000/- and in default of fine further to undergo one monthe more by the Special Judge, Nalanda at Biharsharif in Noorsarai P.S. Case No.98 of 1900 by a Judgment dated 5.7.1994. 2. The case of the prosecution is that the appellant was sitting on the truck along with co-accused Raja Paswan loaded with some straw under which 40 bags of maize was concealed and carried without any valid license. 3. The defence of the appellant was that the entire allegations were false and, in fact, the appellant did not claim ownership of the seized articles and raiding party wrongly asked them to explain the absence of license with regard to the articles. 4. On behalf of the prosecution as many as four 2 witnesses were examined out of whom P.W. 4 is the Sub – Inspector of Police and the informant as also the investigating officer and P.W. 2 and 3 are eye witnesses on the point of seizure. Even though the court below has relied on the evidence of the witnesses on concluding that it was the appellant alone who was the owner of the alleged seized articles but I fail to find any cogent connection with regard to the ownership of the seized article. Since there is total absence of ownership in this regard and there is only evidence that the truck and the articles were seized I am not convinced that the appellant for this reason alone could be charged with being the owner and therefore, liable for prosecution under section 7 of the E.C.Act. In view of such this appeal is allowed and the order of conviction and sentence passed against the appellant by the Special Judge, Nalanda at Biharsharif, in Noorsarai P.S. Case No.98 of 1990 by the judgment dated 5.7.1994 are hereby set aside and he is acquitted of his charge. The appellant is discharged from the liability of his bail bond. Patna High Court,Patna Dated the 1st April,2011. N.A.F.R./AnilKrSinha ( Anjana Prakash, J.)