High CourtsSingle Bench

Arbind Kumar vs The State of Bihar

Patna High Court · Decided on 1 April 2011 · Citation: (2011) 04 PAT CK 0204

HON’BLE JUDGES
Anjana Prakash, J
ACTS & SECTIONS REFERRED
Essential Commodities Act, 1955 — Section 7
RESULT
Allowed
CASE NUMBER
Criminal Appeal (SJ) No. 108 of 1994
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Judgment

4 paragraphs · 196 words

Anjana Prakash, J.—The Appellant is aggrieved with the judgment dated 6.4.1994 passed by learned Special Judge, Essential Commodities, Nawadah in Special Case No. 24/1993/13/1993, by which the Appellant has been convicted u/s 7 Essential Commodities Act and sentenced to rigorous imprisonment for 1 year.

2.

The case of the prosecution is that one rickshaw was intercepted with 200 litres of kerosene oil which was suspected to be that of the Appellant and, therefore, suspicion was that it was being black marketed. The informant thereafter inspected the business premises of the Appellant but no discrepancy in the stock register was found in the same.

3.

During trial the prosecution examined as many as 7 witnesses but they are mainly on the point of seizure of the rickshaw of the Appellant and there is no further material that in fact the Appellant in any manner indulged in black marketing.

4.

Considering the evidence on record, the appeal is allowed and the judgment of conviction and sentenced of the Appellant passed by learned Special Judge, Essential Commodities, Nawadah in Special Case No. 24/1993/13/1993 is hereby set aside and the Appellant is discharged from the liabilities of his bail bonds.