Criminal Appeal (SJ) No.388 OF 1994 [Appeal against the judgment and order dated 22.11.1994 passed by the 2nd Additional Sessions Judge-cum-Special Judge, Saharsa in Special case No.3 of 1990] 1. AMIN MANDAL SON OF GUNESHWAR MANDAL 2. PRATIBHA DEVI WIFE OF MAHABIR BHAGAT, BOTH RESIDENTS OF VILALGE MAHUA, BAZAR, POLICE STATION BASUAHI, DISTRICT SAHARSA …………………….. Appellants Versus THE STATE OF BIHAR ………….. Respondent For the Appellants : Mr. Pramod Singh, Advocate Mr. Rajnath Sharma, Advocate Mr. B.P. Choudhary, Advocate For the Respondent : Mrs. Indu Bala Pandey, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellants have been convicted u/s. 7 and 8 of the Essential Commodities Act and sentenced to R.I. for six months under each count by a judgment dated 22.11.1994 passed by the 2nd Additional Sessions Judge-cum-Special Judge, Saharsa in Special case No.3 of 1990. The case of the prosecution is that on the date of occurrence the appellant no.1 was said to be carrying two drums of kerosene oil, one drum of diesel on his bullock cart and it was suspected that the same was being taken to the opposite direction for purpose of black marketing. The appellant no.2 happens to be licence dealer of kerosene oil. During trial the prosecution has examined five - 2 - witnesses in all. Out of whom, P.W.2 and P.W.3 are on the point of seizure, whereas P.W.1 is the local Dafadar and on the point of accompanying the informant. P.W.4 is the S.I. and also on the point of accompanying the informant, whereas the P.W.5 is the informant himself. During cross examination all the witnesses conceded that in fact the incriminating article was seized within the area of which the appellant no.2 was licence dealer. Under the circumstances, it is difficult to uphold the conviction of the appellants on mere speculation that the articles were being carried for black marketing since bullock cart was found going to the opposite direction. In view of the discussion above, the appeal is allowed and the order of conviction and sentence passed against the appellants on 22.11.1994 passed by the 2nd Additional Sessions Judge-cum-Special Judge, Saharsa in Special case No.3 of 1990 is set aside. The appellants are discharged from the liabilities of their bail bonds. Patna High Court Dated, 8th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )