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Vijay Kumar Singh vs The State of Bihar

Patna High Court · Decided on 4 April 2011 · Citation: (2011) 3 Crimes 685

HON’BLE JUDGES
Anjana Prakash, J
ACTS & SECTIONS REFERRED
Essential Commodities Act, 1955 — Section 7
RESULT
Allowed
CASE NUMBER
Criminal Appeal (SJ) No. 358 of 1994
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Judgment

4 paragraphs · 164 words

Anjana Prakash, J.—The Appellant has been convicted u/s 7 of the Essential Commodities Act and sentenced to RI for six months and a fine of Rs. 500/- by the Special Judge, E.C. Act, Gaya in G.R. Case No. 1579 of 1990 (Tr. No. 81 of 1994) by a judgment dated 07.10.1994.

2.

The case of the prosecution is that on 12.06.1990 Senior Marketing Office, Sherghati inspected the line hotel of the Appellant and found 15 quintals of steam coal lying there which was in contravention against the Unification Order.

3.

During trial the prosecution examined only one witness and it is difficult to uphold the conviction on the sole witness without any further corroboration. In view of such, this appeal is allowed and the judgment dated 07.10.1994 passed by Special Judge, E.C. Act, Gaya in G.R. Case No. 1579 of 1990 (Tr. No. 81 of 1994) is set aside. The Appellant is discharged of the liability of bail bond.

4.

The appeal stands allowed.