Bangalore District Court
State By Kalasipalya P.S vs Is Acquitted on 4 October, 2019
IN THE COURT OF THE VIII ADDL. C.M.M.,
BENGALURU.
Dated this the 4th day of October 2019
Present: Sri.M.Mahesh Babu, B.A., LL.B.
VIII ADDL.C.M.M., BENGALURU.
C.C. No.41106/2010
JUDGMENT U/S 355 OF THE Cr.P.C. 1973.
1. Sl. No. of the Case 41106/2010
2. The date of commission 25/06/2010
of the offence
3. Name of the complainant State by Kalasipalya P.S.
4. Name of the accused Ratan Chand Jain, Jai Hind
Service Station, r/at No.25,
J.c.Road, Bangalore
5. The offence complained of U/s. 3, 4, 5, 6, 7 & 8 of
or proved Essential Commodities of
display of stock and price
violation act 1981
6. Plea of the accused and Pleaded not guilty
his examination
7. Final Order Acting U/sec.248(1) Cr.P.C.
accused is acquitted
8. Date of such order 04102019
For the following:
2 C.C.41106/2010
JUDGMENT
This is the charge sheet filed by the PSI of Kalasipalya P.S. against the accused for the offences punishable U/sec. 3, 4, 5, 6, 7 & 8 of Essential Commodities of display of stock and price violation act 1981.
2. The brief facts of the prosecution case is that:
On 25062010 at J.C.Nagara Jai Hind Service Station, in the statement of Central Government that the petrol and Diesel rate will be hike from the above said day at after midnight, the accused has the stock of petrol and diesel but want to sell it next day and with an intention to get high profit he told to the customers that there is no stock and thereby committed the alleged offences.
3. Accused was on bail. Substance of accusation was read over to the accused for the offence 3 C.C.41106/2010 punishable U/sec.3, 4, 5, 6, 7 and 8 of Essential Commodities of display of stock and price violation act 1981. The accused has pleaded not guilty and claimed to be tried.
4. In order to substantiate the allegation, prosecution has not at all examined anyone witness or not marked any one document, in this regard summons, warrant and proclamation has been issued CW1 to 10 to secure their presence but the prosecution has failed to secure their presence as such no evidence has taken place. Since there are no incriminating evidence against the accused as such recording of 313 Cr.P.C., is dispensed.
5. Heard arguments from both the sides.
6. The points that arise for determination are as follows:
4 C.C.41106/2010
1. Whether the prosecution proves beyond all reasonable doubt that on 25062010 at J.C.Nagara Jai Hind Service Station, within the jurisdiction of Kalasipalya PS, in the statement of Central Government that the petrol and Diesel rate will be hike from the above said day at after midnight, the accused has the stock of petrol and diesel but want to sell it next day and with an intention to get high profit he told to the customers that there is not stock and thereby accused has committed the offences punishable U/sec. 3, 4, 5, 6, 7 and 8 of Essential Commodities of display of stock and price violation act 1981?
2. What order?
7. The answer to the above points are as follows:
Point No.1: In the negative Point No.2: As per final order for the following:5 C.C.41106/2010
REASONS
8. Point No.1: In order to bring home the guilt of accused, the prosecution has not at all examined anyone witness and not marked any one document. In the present case on hand, the evidence of complainant itself is dropped as his presence is not secured. In this regard summons, warrant and proclamation has been issued CW1 to 10 to secure their presence but the prosecution has failed to secure their presence, as such no evidence has taken place.
9. Further the prosecution has failed to secure the presence of CW1 to 10 even after issuance of summons, warrant and proclamation and as such the evidence of CW1 to 10 were dropped. As such there is no evidence on record to establish the guilt of accused. In the absence of any evidence against the accused there is no nexus between the accused persons and the alleged offence. As such the case of the prosecution 6 C.C.41106/2010 fails. Accordingly, I answer point no.1 in the negative.
10. Point No.2: In the result, I proceed to pass the following:
ORDER Acting under Section 248 (1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/sec. 3, 4, 5, 6, 7 & 8 of Essential Commodities of display of stock and price violation act 1981.
Bail bonds of accused and his surety bond stands cancelled.
(Dictated to the stenographer directly on the computer, verified and corrected by me, then the judgment pronounced by me in the open court, on this 4 th day of October 2019.) (M. Mahesh Babu) VIII Addl.C.M.M. Bengaluru.7 C.C.41106/2010
: Annexure :
1. List of Witnesses examined on behalf of the prosecution:
NIL
2. List of Documents marked on behalf of the prosecution: NIL
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. 8 C.C.41106/2010 Judgment pronounced in the open court (vide separate order) ORDER Acting under Section 248 (1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/sec. 3, 4, 5, 6, 7 & 8 of Essential Commodities of display of stock and price violation act 1981.
Bail bonds of accused and his surety bond stands cancelled.
VIII Addl. C. M. M. Bangalore.