Criminal Appeal (SJ) No.350 OF 1994 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. *********** Maheshwar Mahto son of Nirsu Sah, resident of Madhuban Bazar P.S. Bajpatti, Dist. Sitamarhi.------------------ Appellant Versus STATE OF BIHAR ------------------- Respondent ********** For the Petitioner :- Mr. N.K. Agrawal, Sr. Adv. Mr. D.N. Tiwari, Adv. Mr. Anujit Sinha, Adv. For the State :- Ms. Indu Bala Pandey, 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 Essential Commodities Act and sentenced to undergo R.I for 6 months and also fine of Rs. 3000/- by the special Judge Sitamarhi in Case No. C-II/2/91 (Tr. No. 53/94) by a judgment dated 30.9.1994. The prosecution case is that the Sub-Divisional Agriculture Officer-cum-Fertilizer Inspector, Sitamarhi collected three samples from three packets of fertilizers from the shop of the appellant and sent it for examination which was found of inferior quality and therefore this case was instituted. The prosecutions examined two witnesses on its behalf out of which P.W.1 is the Assistant agricultural officer, Sitamarhi and on the point that sample were collected whereas P.W. 2 is the informant and the complainant himself. The point argued on behalf of the appellant is that since the 2 samples have been taken from the sealed packets which were stocked in the shop of the appellant and admittedly, the appellant was neither the whole seller nor was he the manufacturer but merely the retailer and could not be held liable for the quality of the fertilizer retailer. Considering the said arguments the appeal is allowed, and the judgment dated 30.9.1994 passed by the Special Judge, Sitamarhi in Case No. C-II/2/91 (Tr. No. 53/94) is set aside. The appellant is discharged of liability of his bail bond. Patna High Court Patna, Dated, the 4th April, 2011. NAFR/Prakash/- ( Anjana Prakah , J.)