Bangalore District Court
The State Rep. By vs A-1 Roopesh on 4 April, 2018
IN THE COURT OF VI ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
PRESENT : K.G. CHINTHA, B.Sc., LL.B.
VI ADDL. C.M.M., BENGALURU.
Dated this the 4th day of April 2018
C.C.No.17387/2013
Complainant : The State rep. by
PSI of Adugodi PS
Bengaluru.
Vs
Accused : A-1 Roopesh
S/o Mahadevappa
A-2 Babu Reddy
S/o Rajappa
(Case against accused No.1 and 2
is split up)
A-3 Prashanth B.S.
S/o Prasad
Aged about 40 Yrs
R/at No.54, 71st Cross, 5th Block,
Rajajingar, Bengaluru.
A-4 Santhosh
S/o Giri Mallappa
Aged about 28 Yrs
R/at No.285, Kempamma Layout,
Hulimavu, B.G.Road,
Bengaluru.
2 CC.No.17387/2013
Date of offence : 7-7-2011
Offence : U/s. 120(b), 420, 511 of IPC
Plea : Accused pleaded not guilty
Final order : Accused Nos.3 and 4 are
acquitted
Date of Order : 4-4-2018.
** ** **
JUDGMENT
The Police Sub Inspector of Adugodi Police Station has presented this charge sheet against the accused Nos.1 to 4 for the offences punishable U/s.120(b), 420, 511 of IPC.
2. It is the case of prosecution that on 7-7-2011 CW-1 received credible information that Narcotic drugs is being sold illegally behind the Government Higher Primary school at Adugodi and conducted raid along with CWs-4 to 10 in the presence of panch witnesses CWs-2 and 3 and found the accused with three packets of 1 kg each and on enquiry 3 CC.No.17387/2013 with the accused, the accused informed that pcket contained glucose powder, Anacin tablet and ajinomoto and they are trying to sell the same as brown sugar to the public for wrongful gain and attempting to cheat the public and thereby accused committed the aforesaid offences.
3. On the basis of the complaint, FIR has been registered by Adugodi Police station in Cr.No.188/2011 for the offences punishable U/s. 120(b), 420, 511 of IPC. After investigation police have charge sheeted the accused for the aforesaid offences.
4. Accused Nos.3 and 4 are on bail. Case against accused Nos.1 and 2 is split up.
5. Copy of the charge sheet is furnished as contemplated U/s.207 of Cr.P.C. Charge framed. Accused pleaded not guilty and claimed to be tried.
6. CW.11 is examined as PW-1.
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7. Statement of accused Nos.3 and 4 U/s.313 of Cr.P.C is recorded.
8. Heard the arguments of learned Sr.APP and learned counsel for the accused.
9. The points that arise for my consideration are as follows:-
1) Whether the prosecution proves the guilt of accused Nos.3 and 4 for the offences punishable U/s. 120(b), 420, 511 of IPC?
2) What Order?
10. My findings on the above points are as follows:-
Point No.1: In the Negative Point No.2: As per final Order for the following:-
REASONS
11. Point No.1:- CW.1 is the Sub Inspector of police of Adugodi police station who received the information and took CWs-4 to 10 the police officials for the raid near 5 CC.No.17387/2013 Government Higher Primary School, Dairy colony, Adugodi along with panch witnesses CWs-2 and 3. In spite of repeated issuance of summons warrants and proclamation to CWs-1 to 10 the prosecution has failed to secure them and they are not examined before the court.
12. CW-11 is the Investigating officer who submitted the charge sheet. He has been examined as PW-1. He has deposed that he received the case file from PSI Srinivas who is not a witness in the charge sheet on 30-7-2011. The investigation was completed when he was received the file. Hence after verifying records he has submitted the charge sheet. It is suggested in the cross-examination that without proper verification he has submitted charge sheet and he denies the same. In fact the PF discloses that they have sought for permission of the court to send the sample taken from the packets seized from the accused to FSL for chemical examination and it is not forthcoming in the charge sheet as to whether the sample has been sent to 6 CC.No.17387/2013 FSL and whether any report has been received from the FSL. Hence there is no material to show that the contents of the packets seized from the accused is a mixture of glucose, Anacin tablet and Ajinomoto and whether it is a drug or any other contents. Since the material witnesses are not examined and since the prosecution has failed to prove the mahazar under which the material is seized from the accused, the prosecution has failed to place any material evidence to prove the guilt of accused and accordingly I answer point No.1 in the Negative.
13. Point No.2: In view of the finding on point No.1, I proceed to pass the following:-
ORDER Acting U/s.248(1) of Cr.P.C accused Nos.3 and 4 are acquitted of the offences punishable U/s.120(b), 420, 511 of IPC.
The bail bonds of the accused Nos.3 and 4 stands cancelled.7 CC.No.17387/2013
Case against accused Nos.1 and 2 is split up. Office is directed to retain the records for the split up case. (Dictated to the stenographer, transcribed thereof, corrected and then pronounced by me in the open court this the 4th day of April 2018).
(K.G. CHINTHA) VI Addl.C.M.M. Bengaluru city. Annexure
1. Witnesses examined for the prosecution:
CW-11 PW-1 S.S. Subhaschandra.
2.Documents marked on behalf of the prosecution:
Nil.
3. Material objects:
Nil.
VI ACMM., Bengaluru.8 CC.No.17387/2013
ORDER Acting U/s.248(1) of Cr.P.C accused Nos.3 and 4 are acquitted of the offences punishable U/s.120(b), 420, 511 of IPC.
The bail bonds of the accused Nos.3 and 4 stands cancelled.
Case against accused Nos.1 and 2 is split up. Office is directed to retain the records for the split up case. (Vide Separate Order) VI ACMM., Bengaluru.9 CC.No.17387/2013
10 CC.No.17387/2013