Criminal Appeal (SJ) No. 124 OF 1997 Against the judgment and order dated 28.04.1997 passed by Smt. Vidyut Prabha Singh, Special Judge, (E.C. Act) in G.R. Case No. 2582 of 1990/Tr. No. 15 of 1997. ************ Kashi Nath Paswan, S/o Late Sahdeo Paswan, resident of Village-Driver Tola Lalkothi, P.S. and District-Katihar. ……(Appellant) Versus THE STATE OF BIHAR-------(Opposite Party) With Criminal Appeal (SJ) No. 134 of 1997 Ramsevak Poddar, S/o Late Bindeshwari Poddar, resident of Village-Magadampur, P.S.- Kodha, Distt.-Katihar. Versus THE STATE OF BIHAR. ************* For the Appellant : Mr. Bhola Prasad, Adv. : Mr. Satya Prakash, Adv. For the State : Dr. Indiwar Kumari, APP. : Mrs. I.B. Pandey, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants have been convicted under Section 7 Essential Commodities Act and sentenced to RI for two years and a fine of Rs. 1,000/- in default of which simple imprisonment for three months by the Special Judge, (E.C. Act) Katihar in G.R. Case No. 2582 of 1990/T.R. No. 15 of 1997 by a judgment dated 28.04.1997. 2. The case of the prosecution according to Havildar, Dayanath Mishra is that on 24.12.1990 while he and one Havildar, Ram Binay Kumar were patrolling they found two persons along with a container of kerosene oil. When they were intercepted appellant, Ram Sevak Poddar revealed that he had purchased the kerosene for black- marketing. 2 3. During trial the prosecution in all examined five witnesses. All the witnesses have only deposed about the recovery of fifty litres of kerosene oil in container and the confession of Ramsevak Poddar that he had purchased the kerosene oil for black-marketing. 4. There is no evidence that in fact the kerosene oil had been black-marketed. It is relevant to note here that appellant Kashi Nath Paswan was a fair price dealer. In view of complete paucity of evidence led on behalf of the prosecution that the appellants have in fact indulged in black-marketing, I am inclined to allow the appeals. 5. In the result, the appeals are allowed and the judgment dated 28.04.1997 passed by the Special Judge, (E.C. Act) Katihar in G.R. Case No. 2582 of 1990/T.R. No. 15 of 1997 is, hereby, set aside. The appellants are acquitted of the charges and discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 12th July, 2011. NAFR/Vikash/-