Criminal Appeal (SJ) No.293 OF 1996 (Appeal against the Judgment and Order dated 30.11.1996 passed by the Special Judge, Vaishali at Hazipur, in G.R. Case No. 2268 of 1990) KAMLA KANT PRASAD, SON OF SRI RADHA PRASAD SAH, RESIDENT OF VILLAGE KALIKOTHI, P.S. TOWN & DISTRICT MUZAFFARPUR. ------APPELLANT Versus THE STATE OF BIHAR -------RESPONDENT --------- For the Appellant : Sr. N. K. Agrawa, Sr. Adv. Sri D.N. Tiwari, Adv. Sri Anujit Sinha, Adv. For the State : Mrs. Pushpa Sinha -2, A.P.P. ---------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The Appellant has been convicted under Section 7 of the Essential Commodities Act by a Judgment dated 30.11.1996 by the Special Judge, Vaishali at Hajipur, in G.R. Case No. 2268 of 1990 and sentenced to rigorous imprisonment for six months and a find of Rs. 1,000/- in default of which further imprisonment for two months. 2. The case of the prosecution is that the Appellant was seen on a public carrier on which 51 bags of rice was loaded and he produced two cash memos, one for 25 bags whereas the other for 26 bags which was in favour of Bhola Sah. Since Bhola Sah was not present on the truck it was speculated that the rice was being taken for black marketing. 3. During trial, the prosecution examined four witnesses out of whom PW-1 is merely on the point that the Appellant had failed to produce any license with regard to 25 bags of rice and, therefore, it would be suspected that it was being taken for black marketing. PW-2 2 was the District Supply Officer is on the point of seizure of the rice bags and has supported PW-1. PW-3 and PW-4 are also on the same point. 4. On going through the evidence on record, I find that there is complete paucity of any evidence to sustain conviction of the Appellant under Section 7 of the Essential Commodities Act since no license was required for transport and the allegation was a mere speculation that the rice was being taken for black marketing. 5. Considering the same, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in G.R. Case No. 2268 of 1990 passed by the Special Judge, Vaishaly at Hazipur, is hereby set aside. 6. The Appellant is discharged from the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna. Dated, the 16th May, 2011 NAFR/S.ALI