Criminal Appeal (SJ) No.59 OF 1996 (Appeal against the Judgment and Order dated 21.3.1996 passed by the Special Judge, E.C. Act, Madhubani, in G.R. Case No. 1457 of 1985/T.R. Case No. 44 of 1995.) ------------- RADHA SAH, SON OF LATE BISHO SAH, RESIDENT OF TOWN & P.S. MADHUBANI, DISTT. MADHUBANI. -------APPELLANT Versus THE STATE OF BIHAR ---------RESPONDENT --------- For the Appellant : Mr. Ashok Kr. Jain, Adv. For the State : Mr. Suraj Pd. Singh, 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 by a Judgment dated 21.3.1996 in G.R. Case No.1457 of 1985/T.R. Case No. 44 of 1995. 2. The prosecution case is that on 20.9.1985, the Supply Inspector and others inspected the shop and godown of the Appellant and certain disparities were found there. 3. On behalf of the prosecution, four witnesses were examined out of whom PW-1 is a formal witness whereas PW-2 is the Supply Inspector and PW-3 is the D.C.L.R. whereas PW-4 is also a formal witness. PW-2 and PW-3 who are members of the raiding party have stated that 11 quintal in excess of the entire quantity was recovered from the shop of Appellant. Apart from the said allegations, there is no further allegation that the Appellant had indulged in black marketing. 2 4. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in G.R. Case No. 1457 of 1985/T.R. Case No. 44 of 1995 by the Special Judge, E.C. Act, Madhubani, is hereby set aside. 5. The Appellant is discharged from the liability of his bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 20th June, 2011 NAFR/S.ALI