Criminal Appeal (SJ) No.78 OF 1994 (In the matter of an application filed under Section 12AB of Essential Commodities Act, 1955 read with Section 374(2) and 389 of Code of Criminal Procedure Code 1973) BABAN PRASAD JAISWAL, SON OF BAHADUR SHAH, RESIDENT OF BHABHUA WARD NO. 2, P.S. BHABHUA, DISTT. BHABHUA. ------APPELLANT--- PETITIONER. Versus THE STATE OF BIHAR ---------RESPONDENTS—OPPOSITE PARTY P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard both the parties. The Appellant has been convicted under Section 7 of Essential Commodities Act, 1955 by Special Judge, E.C. Act, Rohtas at Sasaram in Bhabhua P.S. Case No. 118 of 1987 for having violated the Provisions of Bihar Essential Articles (Display of Price and Stock) Order, 1977 by the Special Judge, Rohtas at Sasaram by Judgment dated 7.3.1994. The prosecution case is that on the day, the shop of the Appellant was inspected, the stocks and the price of the articles contained in the shop were not displayed. The admitted position is that the Appellant was not at the place of occurrence and when he was arrested, subsequently, the First Information Report was instituted and, therefore, the submission is that he should not be held personally liable for not having displayed the articles on the Display Board outside his shop. In view of such, the Appeal is allowed. The order of 2 conviction and sentence passed against the Appellant in Bhabhua P.S. Case No. 118 of 1987 by the Special Judge, Rohtas at Sasaram, is hereby set aside. The Appellant is discharged from the liability of his bail bond. Patna High Court, Patna Dated, the 28th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)