Gujarat High Court
Kalpeshbhai Shamatbhai Kavaad vs State Of Gujarat on 3 March, 2026
NEUTRAL CITATION
R/CR.RA/64/2026 JUDGMENT DATED: 03/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 64 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE P. M. RAVAL
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Approved for Reporting Yes No
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KALPESHBHAI SHAMATBHAI KAVAAD
Versus
STATE OF GUJARAT
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 03/03/2026
ORAL JUDGMENT
1. By way of the present application, the applicant is assailing the order dated 10th November, 2025 passed by the 2nd Additional District Judge, Keshod below Exhibit - 3 in Sessions Case No.20 of 2024 and seeking discharge for the offence punishable under Section 308 of the Indian Penal Code in connection with the F.I.R. being C.R. No.11203038230202 of 2023 registered with Mangrol Police Station, Junagadh.
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2. Brief facts leading to the prosecution case are as under :-
The Police Sub Inspector of Mangrol Police Station had registered an F.I.R against the present applicant as well as other accused persons before the Mangrol Police Station- Junagadh on 25.05.2023 vide C.R. No. 11203038230202 of 2023 under Sections 308 (BNS Section 110), 285 (BNS Section 287), and 114 (BNS Section 54) of the Indian Penal Code (IPC); read with Sections 3, 3(b), and 7 of the Essential Commodities Act; Section 23 of the Petroleum Act; and Sections 12, 9(B)(1)(a), 9(B)(1)(b), and 9C of the Explosives Act. The aforesaid F.I.R. was lodged inter alia alleging that the original accused no. 1 was intercepted during a vehicle inspection at Mangrol Kamnath Chowkdi at around 01:05 AM, driving a white Bolero Pick-up bearing Reg. No. GJ-11-VV-2617 heading towards Veraval from Porbandar, which upon close inspection was found loaded with blue-colored drums covered with a green net tied by rope, emitting a strong smell of inflammable liquid suspected to be biodiesel.
For further inspection, two Panch witnesses, namely Chandresh alias Chako Chandulal Tanna and Jitendra Karsanbhai Parmar, were called Page 2 of 7 Uploaded by MOHMMEDSHAHID(HC01113) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:19:12 IST 2026 NEUTRAL CITATION R/CR.RA/64/2026 JUDGMENT DATED: 03/03/2026 undefined upon and were made aware of the facts, following which the driver identified himself as Imran Hasambhai Bhata. Subsequently, a search of the vehicle in the presence of the Panchas revealed 12 barrels of approximately 200 liters liquid in each and 08 barrels of approximately 50 liters liquid in each in the rear cargo area, totalling approximately 2800 liters of liquid which prima facie appeared to be inflammable; whereupon, being asked to produce a pass or permit, the accused no.1 stated he possessed none, admitted the liquid was biodiesel, and claimed it belonged to his employers Dineshbhai Gohel and Rizwan Ayubbhai Kalavat, both resident of Mangrol and had been procured from the "Dela" (storage house) of one "Kalpeshbhai", a resident of Gondal; thereafter, samples were drawn and sent for FSL analysis, the report of which is yet awaited, and the seized stock was valued at Rs. 1,96,000 based on an estimated price of Rs. 70 per Liter. The present applicant was added solely based on the baseless statement of the co- accused given in police custody.
3. Mr.P.S.Datta, learned advocate for the applicant would submit that from reading of the entire charge-sheet papers, there is nothing to Page 3 of 7 Uploaded by MOHMMEDSHAHID(HC01113) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:19:12 IST 2026 NEUTRAL CITATION R/CR.RA/64/2026 JUDGMENT DATED: 03/03/2026 undefined point out that the applicant had committed any act by which he would have caused death and would be guilty of culpable homicide, not amounting to the murder. However, he has fairly conceded that at the best, the Section 285 of the Indian Penal Code namely negligent conduct with respect to fire or combustion matter, would be attracted. Learned advocate for the applicant would further draw attention of this Court towards the findings of the learned Sessions Judge, wherein it is observed that when biodiesel is being transported illegally, the possibility of explosion cannot be ruled out and therefore, it may cause danger to the life of a person. Therefore, the prima-facie ingredients of Section 308 of the IPC are also available in this matter. However, he would argue that merely on the basis of possibility, no charge can be framed.
4. Mr.Utkarsh Sharma, learned Assistant Government Pleader would submit that in view of the fact that the substance having diesel fraction was brought from the present applicant from his "Della" situated at Gondal and that the panchnama was also carried out at the instance of the co-accused, it cannot be said that the prima- facie ingredients of Section 308 of the Indian Penal Code are not attracted.
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5. Heard learned advocates for the respective parties.
6. This Court has gone through the order dated 10th November, 2025 passed by the 2nd Additional District Judge, Keshod below Exhibit - 3 in Sessions Case No.20 of 2024, rejecting the application of the present applicant. On careful consideration of the charge-sheet papers as well as various statements placed before this Court along with the memo of petition, the trial judge has held that the biodiesel was being transported illegally, however, it was not being transported by the present applicant. As far as the storage is concerned, the panchnama was prepared at the instance of the person, who was driving the vehicle. It is pertinent to note here that when the present applicant was not transporting the said bio-diesel, the possibility of explosion, as held by the learned trial judge, is based on assumption and presumptions. However, there is no concrete material to point out that an act was committed in such a manner by the applicant herein so as to attract the provisions of Section 308 of the Indian Penal Code, which provides as follows :-
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308. Attempt to commit culpable homicide.--
Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
On perusal of the Section 308 of the Indian Penal Code, it provides that when any person does any act with such intentional knowledge and under such circumstances that if he by that act cause death, He would be guilty of culpable homicide. However, from the entire reading of the charge- sheet papers, except for the allegations by the co-accused that he had brought the seized article from the 'Della' of Kalpeshbhai, no act is attributed to the present applicant. In view of the said fact, the framing of charge for the offence under Section 308 of the Indian Penal Code, is quashed and set aside. However, it is made clear that the present order is passed after considering the peculiar facts and circumstances Page 6 of 7 Uploaded by MOHMMEDSHAHID(HC01113) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:19:12 IST 2026 NEUTRAL CITATION R/CR.RA/64/2026 JUDGMENT DATED: 03/03/2026 undefined of the case and the allegations against the present applicant and the same may not be treated as a precedent in any other case.
7. In view of the above, the the order dated 10th November, 2025 passed by the 2nd Additional District Judge, Keshod below Exhibit - 3 in Sessions Case No.20 of 2024 is quashed and set aside only qua Section 308 of the Indian Penal Code. Hence, the present application is partly allowed to the aforesaid extent. Direct service is permitted.
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