Delhi District Court
State vs . Rajeev on 12 August, 2016
IN THE COURT OF SHRI NARESH KUMAR LAKA
CHIEF METROPOLITAN MAGISTRATE
EAST DISTRICT, KARKARDOOMA COURTS, DELHI
FIR No.558/2005
PS Kalyanpuri
State Vs. Rajeev
(a) Sr. No. of the case 1922/2016
(b) Date of offence 29.10.2005
(c) Complainant HC Om Pal Singh
(d) Accused, parentage and Rajeev S/o Sh. Ram Avtar, R/o
address Deputy Ka Makan Near Primary
School, Ghazipur, Delhi.
(e) Offence Section 9B Explosive Act, 1884
(f) Plea of accused Pleaded not guilty
(g) Final Order Convicted
(h) Date of institution 25.01.2006
(i) Date when judgment was 12.08.2016 (announced same day)
reserved
(j) Date of judgment 12.08.2016
J U D G M E N T
Brief Facts: On 29.10.2005 at about 04.00 p.m. in Ghazipur
village, while checking of licences for selling crackers, accused Rajeev was found selling cracker without licence in front of his house. When he was asked to show his licence, he replied that on account of lengthy process and unawareness of the procedure of obtaining licence, he did not obtain any licence and just kept the crackers in his shop to earn money on the occasion of Diwali. The quantity of crackers was found 40 Kg. Accordingly, present case was registered for offence under Section 9B Explosives Act.
FIR No.558/2005 State Vs. Rajeev Page No.1 of 32. After completion of investigation, the final report (charge sheet) for the offence under Section 9B Explosives Act was filed. Copy of the charge sheet was supplied to the accused as per Section 207 Cr.P.C.
3. On the basis of material on record, a notice was served against the accused for the said offence to which he pleaded not guilty and claimed trial. The matter was put to trial and the prosecution examined total four witnesses as under: PW1 HC Beer Sen PW2 HC Balledin PW3 Dharamvir PW4 ASI Om Pal Singh
4. The statement of accused u/s 313 read with Section 281 Cr. P.C. was also recorded by putting all the incriminating evidence. Accused did not examine himself or any witness in his defence.
5. I have heard the arguments addressed by Sh. Rakesh Kumar, Ld. APP for the State and counsel for accused. File perused.
REASONS FOR DECISION
6. Out of four witnesses, PW2 HC Balledin and PW4 ASI Om Pal Singh are the recovery witnesses. They deposed in consonance with the contents of the FIR to the effect that on 29.10.2005 on the direction of SHO, they were on patrolling duty in Ghazipur as it was the day before Diwali and there was routine checkup of selling of cracker/pattaka with or without licence. On that day, accused was found selling cracker outside his shop. PW 4 HC Om Pal asked the accused to show the licence for selling the cracker to FIR No.558/2005 State Vs. Rajeev Page No.2 of 3 which accused replied that the procedure for issuance of licence was lengthy and there was no time so he could not get licence from the competent authority. PW4 HC Om Pal asked the accused to close the sale of crackers since he was not having licence and the crackers were seized vide seizure memo (Ex.PW2/A).
7. During examinations of PW2 HC Balledin and PW4 ASI Om Pal Singh, the said case property was duly produced/proved and exhibited. The accused was also correctly identified.
8. In the statement recorded under Section 313 Cr.P.C, accused simply stated that he is innocent and was falsely implicated in this case but he did not examine any witness or himself in his defence.
9. In the light of evidence of PW2 HC Balledin and PW4 ASI Om Pal Singh, I hold that their testimonies are trustworthy and reliable. Even accused did not raise any dispute on the point of ownership/belongingness of place where he was selling the crackers. He also did not take any plea nor produce any valid licence for selling explosive substance. Accordingly, I hold that the prosecution succeeded in proving offence under Section 9B of Explosives Act, 1884. Accordingly, accused is convicted for the said offence.
10. Put up for arguments on the point of sentence today at 03.00 p.m. Announced in open court (Naresh Kumar Laka) on 12.08.2016. Chief Metropolitan Magistrate (East) Karkardooma Courts : Delhi FIR No.558/2005 State Vs. Rajeev Page No.3 of 3