Criminal Appeal (SJ) No.341 OF 1994 In the matter of appeal under Section 12AB of the Essential Commodities Act read with section 374 of the Code of Criminal Procedure. *********** 1. Sheo Prasad Bhagat 2. Nageshwar Prasad Bhagat Both sons of Shri Madho Prasad Bhagat,Resident of village- Pratapganj, P.O., P.S. Pratapganj, Dist-Supaul ------------------ Appellant Versus STATE OF BIHAR -------------- Respondents *********** For Appellant :- Mr. S.D Sanjay, Adv. Mr. Gopal Prasad Gupta, Adv. For State :- Nirmal Kumar Sinha, 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 by the judgment dated 15.9.1994 in Special Case No. 14 of 1989 by which Special Judge (E.C. Act), Saharsa and sentenced for one year R.I under Section 7 of the Essential commodities Act for contravention of Clause 9 of the Seeds (Control). The prosecution case is that the complainant had purchased Jute seeds from the shop of the appellants but it germinated poorly so he asked the appellants to return the same but the appellants refused to do so since they protested that it had not been purchased from their shop where after the present case was instituted. The prosecution examined five witnesses out of whom P.W 4 is tendered, P.Ws 3 and 5 have been declared hostile. The informant got himself examined as P.W. 2 and P.W 1 is a 2 corroborative witness. From the evidence of all the witnesses I find that apart from an oral allegation that the seeds have been purchased from the shop of the appellant which germinated poorly there is no cogent proof in this regard and the only complaint therefore, survived that despite his request for return of the seeds the appellants refused to do so. This in my view, would not be a contravention of Section 9 of the Seeds (Control) Act. . In view of the aforesaid observations, the appeal is allowed and the judgment dated 15.9.1994 in Special Case No. 14 of 1989 passed by the leaned Special Judge (E.C. Act), Saharsa is set aside. The appellants are discharged of liability of their bail bonds. Patna High Court Patna/ Dated, the 4th April, 2011/ NAFR/Prakash/- ( Anjana Prakah , J.)