JUDGEMENT Gopal Prasad, J. 1. 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.