Bangalore District Court
State By Kalasipalya P.S vs And 2 Are Acquitted on 3 February, 2021
IN THE COURT OF THE VIII ADDL. C.M.M., BENGALURU.
Dated this the 3rd Day of February 2021
Present: Sri.Jayaprakash D.R, B.A.LL.M.
VIII ADDL.C.M.M., BENGALURU.
C.C. NO.24812/2015
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 24812/2015
2. The date of commission 24/12/2014
of the offence
3. Name of the complainant State by Kalasipalya P.S.
4. Name of the accused 1. Khaleem Mohammed s/o
V.Abdul Raseed, aged 43
years, r/at No.27, Durgamma
Temple, Kalasipalya,
Bangalore.
2. Palraj s/o Krishnappa
Sheety, aged 33 years, r/at
No.7, 2nd main, 2nd Cross,
Vallabhanagara, Uttarahally,
Bangalore.
5. The offence complained of U/s. 3 and 7 Essential
or proved Commodities Act. Section 12
2 C.C.No.24812/2015
of (PDS) Control Order 1992
and u/s 420 of IPC
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused 1 and 2 are acquitted
8. Date of such order 03022021
For the following:
JUDGMENT
This case is arising out of charge sheet submitted by SHO of Kalasipalya P.S. against the accused 1 and 2 for the offences punishable U/s. 3 and 7 Essential Commodities Act. Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC.
2. The brief facts of the prosecution case is that:
On 24122014 at about 1.00 p.m., at No.45, Taj Store, the accused had stored kerosene illegally and to cheat the public they were selling it in the market. The above said act came to the knowledge of CW1 who immediately along with 3 C.C.No.24812/2015 CW2 and 3 and CW4 to 7 conducted raid on the above said shop and seized the kerosene. Thereby it is alleged that the accused have committed the offences punishable U/s. 3 and 7 Essential Commodities Act. Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC.
3. In pursuance of summons the accused No.1 and 2 appeared before the Court and they are enlarged on bail. The provision of Section 207 of Cr.P.C. was complied by furnishing charge sheet and its enclosures to the accused No.1 and 2. The charge was read over and explained to the accused No.1 and 2. Accused No.1 and 2 pleaded not guilty and claimed to be tried.
4. The prosecution has examined only one witness and got marked 2 documents in its favour. In spite of repeated issuance of process to CW1 to 3 and 5 to 10, the prosecution has failed to secure their presence. Hence, they were dropped 4 C.C.No.24812/2015 from examination. The statement of accused No.1 and 2 u/s 313 of CrPC is recorded. They have denied incriminating evidence and submitted that they have no defence evidence.
5. Heard arguments from both the sides.
6. From the material available on record, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that on 24122014 at about 1.00 p.m., at No.45, Taj Store, the accused had stored kerosene illegally and to cheat the public they were selling it in the market, thereby the accused have committed the offences punishable U/s. 3 and 7 Essential Commodities Act. Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC?
2. What order?
7. Upon appreciation of evidence and hearing arguments my findings on the above points are as under: 5 C.C.No.24812/2015
Point No.1: In the negative Point No.2: As per final order for the following:
REASONS
8. Point No.1: It is the case of the prosecution that on 24 122014 at about 1.00 p.m., at No.45, Taj Store, the accused had stored kerosene illegally and to cheat the public they were selling it in the market. The above said act came to the knowledge of CW1 who immediately along with CW2 and 3 and CW4 to 7 conducted raid on the above said shop and seized the kerosene. Thereby it is alleged that the accused have committed the offences punishable U/s. 3 and 7 Essential Commodities Act. Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC.
9. The prosecution in order to prove its case, got examined the Senior Scientific Officer of FSL who has verified the seized articles and submitted report as per Ex.P1 stating that the 6 C.C.No.24812/2015 article tested by her is blue coloured kerosene. Nothing crucial has been elicited from the mouth of PW1 to disbelieve her version.
10. However, there is nothing on record which shows that said blue coloured kerosene was seized from the possession of accused. The prosecution has failed to secure and examine seizure panchanama witness and other police officials who have conducted raid and seized the kerosene. Therefore, the evidence available on record is insufficient to hold that accused were possessing the said kerosene and selling the same in black market in order to cheat the public.
11. In view of the above discussions prosecution has failed to prove beyond all reasonable doubts that the accused No.1 and 2 have committed the offence alleged against them. Accordingly, I answer point no.1 in the negative. 7 C.C.No.24812/2015
12. Point No.2: In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused No.1 and 2 are hereby acquitted of the offences punishable U/s. 3 and 7 Essential Commodities Act, Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC.
Bail bonds of accused No.1 and 2 and their surety bond stands cancelled.
(Dictated to the stenographer through online, computrized by her, verified and corrected by me, then the judgment pronounced by me in the open court, on this 3 rd day of February 2021.) (Jayaprakash D.R.) VIII Addl.C.M.M. Bengaluru.8 C.C.No.24812/2015
: Annexure :
1. List of Witnesses examined on behalf of the prosecution:
PW1 : Dr.Vani 2. List of Documents marked on behalf of the prosecution: Ex.P1 : Report Ex.P1(a) : Signature of PW1 Ex.P2 : Format Seal Ex.P2(a) : Signature of PW1
3. List of Material objects marked on behalf of the prosecution: NIL
4. List of witnesses and documents marked on behalf of the accused:
NIL VIII Addl. C. M. M. Bangalore.9 C.C.No.24812/2015
Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused No.1 and 2 are hereby acquitted of the offences punishable U/s. 3 and 7 Essential Commodities Act, Section 12 of (PDS) Control Order 1992 and u/s 420 of IPC.
Bail bonds of accused No.1 and 2 and their surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.