Criminal Appeal (SJ) No.106 OF 1994 (In the matter of an appeal under Sections 374(2) of the Code of Criminal Procedure) 1. SANJEEV KUMAR, SON OF SRI MAHAVIR PRASAD, RESIDENT OF VILLAGE PONADIH, P.S. DIDARGANJ, DISTT. PATNA. 2. GOPAL PRASAD, SON OF SHRI LAKSHMI PRASAD, RESIDENT OF VILLAGE CHITKOHARA, P.S. GARDANIBAGH, DISTT. PATNA. 3. BIRENDRA PRASAD VISHWAKARMA, SON OF BANDHU MISTRI, RESIDENT OF CHITKOHARA, P.S. GARDANIBAGH, DISTT. PATNA -------- APPELLANTS. Versus THE STATE OF BIHAR ---------RESPONDENT --------- For the Appellant : Mr. Sandeep Kumar Mukesh, Adv. For the State : Miss. Indu Bala Pandey, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard both sides. The Appellants have been convicted by a Judgement dated 18.4.1994 by the 1st Additional Sessions Judge-cum- Special Judge, Nalanda, in Hilsa P.S. Case No. 141 of 1986 under Section 7 of Essential Commodities Act for violation of the Provisions of the Bihar Trade Article (Licences Unification) Order, 1984 and sentenced to four years rigorous imprisonment and a further sum of Rs. 5,000/- as fine in default of which a further rigorous imprisonment of one year. The prosecution case is that the Appellants were found to be carrying rice and wheat outside the storage limit on the Public Carrier and, therefore, were liable for prosecution under Section 7 of the Essential Commodities Act. It has been submitted that the Appelllants were the 2 Driver and Khalasis of the truck in question and, admittedly, not the owners of the recovered articles and, therefore, were not bound by the Unification Order. In view of the short but convincing argument, the Appeal is allowed. The order of conviction and sentence passed by the 1st Additional Sessions Judge-cum-Special Judge, Nalanda, in Hilsa P.S. Case No. 141 of 1986 is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna Dated, the 28th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)