Criminal Appeal (SJ) No.102 of 1998 Against the judgment and order dated 24. 01. 1998 passed by Shri Kali Dayal Mishra, Special Judge, Aurangabad, in G.R. Case No. 3 of 1988 arising out of Haspura P.S. Case No. 9 of 1988. Sunil Kumar @ Sunil Kumar Singh, son of Madheshwar Singh, resident of Village- Ratanpur, P.S. Haspura, in the District of Aurangabad. .... .... Appellant. Versus The State Of Bihar .... .... Respondent. For the Appellant : Mr. Ashok Kumar Singh 3, Advocate. For the Respondent. : Mr. Sujit Kumar Singh, A.P.P. PRESENT THE HONOURABLE MR. JUSTICE GOPAL PRASAD Gopal Prasad,J. Heard learned counsel for the appellant and learned counsel for the State. 2. The appellant has been convicted for offence under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/-. 3. From perusal of the record it appears that order of conviction was recorded by the Presiding Officer on the evidence recorded by his predecessor. The case is under Essential Commodities Act which are summary proceeding under Section 12 AA of Essential Commodities Act. In view of Section 326 of Cr.P.C. the 2 evidence of witness in summery proceeding are recorded in substance and hence, conviction on the basis of evidence recorded by predecessor is not maintainable and hence order of conviction and sentence recorded by the Presiding Officer, without recalling the witnesses is not sustainable. Hence order of conviction and sentence recorded by the lower court is hereby set aside. 4. It is pertinent to mention that 25 years has already been elapsed of the occurrence and hence re-trial is not required in the interest of justice and hence order of conviction and sentence recorded by the lower court is hereby set aside and the appeal is allowed. Patna High Court The 26th July, 2011. NAFR/m.p. ( Gopal Prasad, J.)