Criminal Appeal (SJ) No.112 OF 1994 (In the matter of an Appeal under Sections 374(2) of the Code of Criminal Procedure) AINUL HAQUE SIDIQUEE, SON OF SK. BEHADUR ALI, RESIDENT OF VILLAGE AMONA, P.S. JOGBANI, DISTT. PURNEA. ------- APPELLANT Versus THE STATE OF BIHAR ----RESPONDENT -------- For the Appellant : Sri N.K. Agrawal, Senior Advocate Sri D.N. Tiwari, Adv. Sri Anujit Sinha, Adv. For the State : Mr. S. A. Ahmad, A.P.P. -------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J: Heard both sides. The Appellant is aggrieved with the Judgment and order of conviction dated 8.4.1994 passed by the Special Judge, Araria, in Special Case No. 11 of 1988 by which he has been convicted under Section 7 of the Essential Commodities Act and sentenced to two years rigorous imprisonment. It has been submitted that the case of the prosecution is that two quintals of sugar was being loaded by the accused in a Rikshaw which was not permissible but the limit in fact is five quintals and, therefore, this case is completely baseless. Further submission is that since it was a case of summary trial, the evidence recorded by the previous incumbent in office could not have been considered by his 2 successor and, therefore, the conviction is bad. Considering the said submission, the Appeal is allowed and the order of conviction and sentence passed against the Appellant in Special Case No. 11 of 1988 by the Special Judge Araria, is 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.)