Judgment NARINDER SINGH RAO, J. 1. After hearing learned Counsel for the parties and going through the records, no irregularity, much less illegality, has been found in the impugned judgment. Therefore, this appeal against acquittal is to be held without any merit. 2. The prosecution version, in brief, is that SI Chandi Kumar Moitra, PW, then Officer-in-charge of Police Station Giridih (M) had on receipt of a secret information arrived near Bhaduwa Pahari Koldiha No. 7 on 2-4-1983 at about 8.30 p.m. accompanied by SI Raj Narain Singh, ASI Ram Eqbal Singh and Security Officer Sitaram Pandey PW and had found coal being loaded in Truck No. BRK 8852 with the help of labourers. Md. Tajuddin Kazmi, Respondent No. 1 was there. On seeing the police arriving, the labourers had fled away, but Respondent No. 1 was apprehended. It was found that 12 tonnes of coal had already been loaded in the truck, and about 50 tonnes of coal and a few baskets were lying near it. All these were taken into possession vide seizure memo Ext. 1. On the basis of FIR Ext. 2 of SI Chandi Kumar Moitra, the case was registered in the police station on the same day under Section 7 of Essential Commidities Act against Md. Tajuddin Kazmi, Respondent No 1, Ramashray Singh, Respondent No. 2, and Saho Singh, Respondent No. 3, respectively the owner and driver of the truck. 3. Out of five witnesses examined by the prosecution. SI Chandi Kumar Moitra, PW 1, Sitaram Pandey, PW 3, SI Raj Narain Singh, PW 4 and ASI Ram Eqbal Singh, PW 5, are the seizure witnesses, Nimai Choudhury, PW 2 was the chemist who had analysed the seized coal and submitted his report. 4. Respondents, in their examinations, had denied the prosecution allegations and stated that they were innocent. The plea putforward on their behalf was that the coal was being validly transported in pursuance of cash memo and road permit photostat copies, Exts. A and B respectively, after it was purchased from a licensee M/s. Gorachand Rajak of Baliapur, Dhanbad. 5. It has remained undispute that the coal, truck and baskets were taken into possession by the police from Koldiha No. 7 on 2-4-1983. Now according to prosecution, the respondents were prosecuted against as they were illegally dealing in coal. That stand was stoutly denied by the defence. 5. It has remained undispute that the coal, truck and baskets were taken into possession by the police from Koldiha No. 7 on 2-4-1983. Now according to prosecution, the respondents were prosecuted against as they were illegally dealing in coal. That stand was stoutly denied by the defence. According to the defence, the coal was validly purchased and was being transported to Begusarai when it was intercepted. In support of their that plea, they had proved cash memos and road permit photostat copies of which are Exts. A and B respectively. 6. Learned Additional P. P., appearing on behalf of the State has raised a technical objection in this appeal. He has submitted that as Exts. A and B, had not been validly proved, this appeal be accepted. Tnis submission stated only to be rejected. Secondary evidence in the case was allowed to be led by the defence after it had been proved to the satisfaction of the trial Court that the originals of Exts. A and B had been lost in the office of learned lawyer of the respondent at Ranchi. Exts. A and B were allowed to be exhibited by the prosecution in the trial Court without any objection. The mode of proof of these documents was waived. That being so, it is too late in the day to suggest that these documents be ruled out of consideration. Here it deserves mention that the learned State Counsel had, in the trial Court, not disputed the fact that the receipt and road permit exhibited in the case were not forged, rather had been obtained from licensee of coal depot holder of Baliapur. Thus on the basis of the materials available on record, the acquittal of the respondent is unexceptionable. 7. For reasons stated above, this appeal fails and is hereby dismissed. Tne respondents are on bail. Their bail bonds are cancelled. They are discharged from the liabilities of the same.