Criminal Appeal (SJ) No.35 OF 1996 [Appeal against the judgment and order dated 12.2.1996 passed by the Special Judge, E.C. Act, Madhubani in G.R. case No.1984 of 1991 Tr. No.11 of 1995] Harsh Nath Jha, son of Sri Tarakant Jha, resident of village Bachhi, P.S. Madhubani, Dist. Madhubani …………………….. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. N.K. Agrawal, Senior Advocate Mr. Anujit Sinha, Advocate For the Respondent : Mr. Ajay Kr. Mishra, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.7 of the Essential Commodities Act and sentenced to R.I. for nine months for violation of the provisions of Licensing Order of Coal and further sentenced to undergo R.I. for three months for violation of the Display Order by a judgment dated 12.2.1996 passed by the Special Judge, E.C. Act, Madhubani in G.R. case No.1984 of 1991 Tr. No.11 of 1995. 2. The case of the prosecution is that in a surprise check of the premises of the appellant, who was a dealer of coal, he failed to produce the papers on demand for selling coal in Ward No.22 and the display board out side the shop was missing. 3. During trial, the prosecution has examined five witnesses. Out of whom, P.W.1 and P.W.2 are the witnesses on the factum of occurrence, whereas P.W.3 is the then Marketing Officer of Madhubani and P.W.5 is a formal witness, whereas P.W.4 is a hostile witness. 4. On going through the evidence on record, there is no reason to disbelieve the evidence of P.W.3 or P.W.1 and P.W.2 and, therefore, the conviction of the appellant is maintained. However, the sentence already undergone by him during trial shall be sufficient punishment in the facts of the case. 6. In the result, the appeal is dismissed. Patna High Court Dated, 28th June, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )