Criminal Appeal (SJ) No.133 of 1998
Against the judgment and order of conviction and sentence
dated 17. 03. 1998, passed by Shri Subodh Paswan, Special
Judge, Vaishali at Hajipur, in G.R. Case No. 1614 of 1995.
Rajendra Singh, son of Deo Nandan Singh, Fair Price Ration
Dealer, resident of Village- Turki Bande, P.S. Bhagwanpur,
District- Vaishali.
.... .... Appellant.
Versus
The State Of Bihar
.... .... Respondent. For the Appellant. : Mr. Arun Kumar Tripathi, Amicus Curiae.
For the Respondent
State : Mr. Sujit Kumar Singh, A.P.P.
PRESENT
THE HON’BLE MR. JUSTICE GOPAL PRASAD
Gopal Prasad, J. On repeated calls no one appears on behalf of
the appellant.
2. Mr. Arun Kumar Tripathi, Advocate appears
and prays that he may be permitted to appear in this case
as Amicus Curiae.
3. Prayer is allowed.
4. The appellant has been convicted under
Section 7 of the Essential Commodities Act and
sentenced to undergo rigorous imprisonment for four
months and fine of Rs. 1,000/- and in default to undergo
rigorous imprisonment for two months.
5. The order of conviction and sentence recorded
2
on the basis of evidence recorded by his predecessor.
6. However having regard to the fact that
proceeding under Essential Commodities Act is the
summary proceeding and only substance of evidence are
required to be recorded by the Presiding Officer of
Special Court. Hence order of conviction and sentence
cannot be recorded on the basis of evidence recorded by
the predecessor without recalling the witnesses.
7. However, evidence of witnesses has not been
recorded by the Presiding Officer. Hence, order of
conviction and sentence recorded by the lower court is set
aside and the appeal is allowed.
Patna High Court, ( Gopal Prasad, J.)
The 3rd August, 2011.
NAFR/m.p.