S.N.Pathak, J.

1. This appeal is directed against the order of conviction and sentence passed by Sri, B.P. Singh. Special Judge, Purnea in Special Case No. 10 of 1983. The appellants were convicted under Sec. 7 of the Essential Commodities Act (hereinafter, in short. referred to as the Act) and were sentenced to undergo RI for sixmonths each. The judgment was delivered on 17th March. 1990.

2. The appellants lawyer contended before me that the offences under the Act have to be tried by the Special Judge in a summary way and the evidence recorded by the predecessor Judge cannot be used by the successor Judge to base the conviction of the accused. In the instant case also, the same has occurred to the order of conviction arid sentence recorded by Sri B.P. Singh is bad in law. Moreover, on merit also the charge was not sustainable because the appellants were found carrying a truck loaded with mung from Siliguri to Calcutta and when the truck was passing through the State Of Bihar on a particular Toad, the driver was intercepted, and the truck along with consignment was seized. It was alleged that the assignment was being carried for sale in the State of Bihar but there is no "a