Bangalore District Court
Union Of India By Inspector/Rpf vs S.Raju on 30 November, 2015
1 CC.No.453-02
BEFORE THE SPECIAL COURT FOR ECONOMIC OFFENCES: AT
BANGALORE.
Dated this the 30th day of November 2015.
Present: Smt.PUSHPAVATHI V., B.A.L., LL.B.,
Presiding Officer, Special Court
for Economic Offences, Bangalore.
CC.NO.453-2002.
Complainant: Union of India by Inspector/RPF,
Bangalore City.
. vs .
Accused: 1.S.Raju, S/o.Late.V.Siddaiah,
35 Years, Head Constable/RPF,
No.128, Bangalore City.
2. Siddaiah, aged 64 years.
(The case against A.2 abated)
3.Rudresh, S/o.Mallikarjunaiah, 25 years,
Chikkabanawar, Bangalore District.
4.Rangaswamy, S/o.Kotaiah, 20 years,
Kottaibeedhi, Thyamagondalu,
Nelamangala Taluk, Bangalore District.
(The case against A.4 abated vide order
dated:30.3.2011.)
5.Nagaraj Gupta, S/o.Nanjunda Shetty,
58 years, Main Road, Near Bus Stop,
Fertilizer & Provision Shop,
Thyamagondalu, Bangalore District.
6.Syed Muneer, S/o.Late.Syed Mohammed,
29 Years, Ashoknagar Slum, Near Ambedkar
College, Kavalbyrasandra, Bangalore.
JUDGEMENT
1. This case is registered on the basis of the complaint filed u/s.190(1) of Cr.P.C., by the Union of India represented by Inspector/RPF, 2 CC.No.453-02 Bangalore City against the accused No.1 to 6 with a prayer to punish them for the offence punishable u/s.3(a) of the RP(UP) Act, 1966.
2. The brief facts of the complainant's case is that on 20.9.2001 at about 09.00 p.m., while Sri.C.Thomas Mohan Jayakumar, IPF/CIB/HQ/MAS - Sri.Siddalingaiah, IPF/CIB/MYS & staff were on confidential watch duty at Y.Pura Railway Yard, A.1-S.Raju, working as Head Constable/RPF/SBC found carrying a gunny bag containing marks in green ink as BDNK 351343/P-2.HVR-SBC containing 4 kgs., of Green Cardamom, part of the booked consignment which is a Railway Property & in the confessional statement dated:3.10.2000, A.1 reveal that he has committed theft of 3 bags of Cardamom from Train No.283 by throwing the same out of the train at Malleswaram Railway Station & later on transported the same with the assistance of A.2-Late.V.Siddaiah, father of A.1 in Ambassador Car bearing No.MEQ-878 driven by A.6 & concealed in the residential premises of A.2. A.3 by colluding with A.1 transported 2½ bags of stolen Cardamom from the house of A.2 in a Tempo to the shop of A.5 at Thyamagundalu & sold the same to A.5 for Rs.70,000/-. On the same day voluntary statement of A.1 & 3 were recorded.
3. Further on 21.9.2001 as led by A.1 & 3, a search was conducted at the Fertilizer and Provision Shop, situated near Bustand Circle, Thyamagondalu belonging to A.5, A.4 was present in the shop, he 3 CC.No.453-02 found in possession of a gunny bag bearing railway marks BDNK 351333/P-6-HVR/SBC in green ink containing 4 kgs., of Cardamom belonging to Railways which was seized through search list cum mahazar.
4. Further, on 14.10.2001 when a search was conducted by Sri.C.Thomas Mohan Jayakumar, & staff at the shop of A.5, he admitted about he purchased 2½ bags of Cardamom belonging to railways which were reasonably suspected of having been stolen or un-lawfully obtained from the railways and thereby A.1 to 6 have committed an offence punishable under Sec.3(a) of RP(UP) Act, 1966. With these grounds prays to punish the accused for the offence said above.
5. On this complaint, the case has been registered, cognizance taken, accused secured, they have been enlarged on bail, copies of the complaint and other documents were furnished to them. Mean while, A.2 is reported to be dead & A.4 is also reported to be dead vide order dated:30.3.2011 & hence, the case against them are abated. Thereafter, the charge has been framed against accused No.1, 3, 5 & 6, they pleaded not guilty and claimed to be tried. Thus, the matter was posted for evidence of complainant. During the trial, the complainant has examined as many as 36 witnesses in support of their case as P.W.1 to 36 and got marked the documents Ex.p.1 to 88 & Mos.1 & 2. During the cross-examination of P.W.11, the A.1 got marked Ex.D.1 to 3. Among them P.W.5, 6, 25 & 32 have been 4 CC.No.453-02 turned hostile. They have been cross-examined by the prosecution. P.W.1 to 4, 7 to 24, 26 to 36 have been supported the case of prosecution during the chief examination. They have been cross- examined by the learned counsel for accused. On the complainant's closed their evidence, the statements of accused No. 1, 3, 5 & 6 u/s.313 of Cr.P.C is recorded. The A.1, 3, 4 & 5 denied incriminatory evidence read over to them and as they were intending to give evidence, opportunity was given to them. Hence, the matter was posted for defence evidence, where A.1-S.Raju gave evidence as D.w.1 & got marked Ex.D.4 to 8, he has been cross- examined by the complainant's counsel.
6. Thereafter, heard the arguments. Perused the entire records, the points that arise for my consideration are :
Point No.1: Whether the complainant proves beyond all reasonable doubt that on 20.9.2001 at about 09.00 p.m., while Sri.C.Thomas Mohan Jayakumar, IPF/CIB/HQ/MAS - Sri.Siddalingaiah, IPF/CIB/MYS & staff were on confidential watch duty at Y.Pura Railway Yard, A.1-S.Raju found carrying a gunny bag containing marks in green ink as BDNK 351343/P-2.HVR-SBC containing 4 kgs., of Green Cardamom, part of the booked consignment which is a Railway Property & reasonably suspected to be committed theft in Train No.283 by throwing the same out of the train at Malleswaram Railway Station & later transported the same with the assistance of A.2-Late.V.Siddaiah, father of A.1 in Ambassador Car bearing No.MEQ-878 driving by A.6 & had concealed the same in the residential premises of A.2 & thereby A.1 & 6 have committed the offence punishable under Sec.3(a) of RP(UP) Act, 1966 within the cognizance of this court.?
Point No.2: Whether the complainant further proves beyond all reasonable doubt that A.1 & 3 have transported 2½ kgs., bags of stolen Cardamom which was concealed in the house of A.2 belonging to railways in a Tempo from the residence of A.2 to the shop of A.5 5 CC.No.453-02 at Thyamagundalu & sold the same to him for Rs.70,000/- & thereby committed the offence punishable under Sec.3(a) of RP(UP) Act, 1966 within the cognizance of this court.?
Point No.3: Whether the complainant further proves beyond all reasonable doubt that on 21.8.2001 A.4 was found in possession of a gunny bag bearing railway marks BDNK 351333/P-6-HVR/SBC in green ink containing 4 kgs., of Cardamom belonging to Railways in the shop of A.5 i.e., Fertilizer & Provision Shop, situated near Bus-stand Circle, Thyamagondalu without any bill or voucher and thereby committed an offence punishable under Sec.3(a) of RP(UP) Act, 1966 within the cognizance of this court.?
Point No.4: Whether the complainant further proves beyond all reasonable doubt that A.5 purchased 2½ kgs., bags of Cardamom belonging to railways without any bill or voucher and thereby committed an offence punishable under Sec.3(a) of RP(UP) Act, 1966 within the cognizance of this court.?
Point No.5: What order.?
7. My findings on the above said points are as under:
Point No.1: In the Negative, Point No.2: In the Negative, Point No.3: In the Negative, Point No.4: In the Negative, Point No.5: As per the Final orders for the following:
REASONS
8. Points No.1 to 4: P.W.27 Sri.R.Saranga Pani has stated that during May-2001 to July-2002 he worked at Vadipatti as Station Master. Prior to Vadipatti he was working as Stationmaster at Bodinayakanur, as a Stationmaster and single manned station he 6 CC.No.453-02 was receiving consignments transporting through railways of his jurisdiction. On 25/9/2000 he received a booked consignment to various stations including Haveri, on 25/9/2000 he has got booked 6 gunny bags of cardamom from one Mr.Vijayan, weighing 3 quintals from Bodinayakanur to Haveri under parcel Way Bill No.351333 and loaded the same in 714 passenger train. On the same day two more gunny bags tendered by one Mr.Ramesh under P.W Bill No.341343 from Bodinayakanur to Haveri, on booking the same he loaded the same in 718 passenger train, Guard of both trains gave acknowledgments for having loaded above said gunny bags. In this connection he has given statement as per Ex.p.51, the gunny bags which he loaded marked as Mo.1 & Mo.2. The copies of the Forwarding notes for having booked the consignments as per Ex.P.52 and Ex.P.53, the copies of P.W Bills for having accepted the booking as per Ex.P.54 and Ex.P.55, the extracts of loading summary/book as per Ex.P.56 and Ex.P.57.
9. P.W.22 Sri.A.Sahayaraj has stated that during 2002-2005 he was working as Sr. General clerk, Madurai. On 25.9.2000 he was on duty between 14 to 20 hours at Muduari parcel office, he attended 2-3 train No.6731 Tutukudi - Bangalore express, in front SLR rear portion loading 14 bags along with 6 bags of cardamom, PWB No.35133, BDNK to HVR, in Front portion 16 bags PMK to OGM, rear portion sent to Madurai to Bengaluru, front portion Madurai to 7 CC.No.453-02 Bangarpet, he made an entry in loading register with SLR No.7406. In this connection he has given a statement to RPF as per Ex.P.58.
10. P.W.24 Sri.Vijayan has stated that on 25.9.2000 he had booked 6 bags of cardamom from BDNK to Haveri via SBC, PWB No.351333, he booked to Rohit Lal Jain at Haveri. Later he was informed that 4 bags of cardamom are reached Haveri railway station out of 6 bags and 2 bags are missing. On 22.11.2001 Inspector/RPF arrived BDNK and shown to him one gunny bag containing sample cardamom, he identified and certified, some slip-containing signature, he has also signed on it. In this connection he has given statement to RPF as per Ex.P.48. The certificate is at Ex.P.49, the sample gunny bag is marked as Mo.2.
11. P.W.8 Sri.S.Purushotham Nair has stated that during 2000 he was working as Head Commercial clerk, in Booking Parcel Transshipment Office/SBC. On 26-9-2000 from 6.00 a.m. to 2.00 p.m., he was the unloading clerk at platform No.1 to 10, from train No.6731 Tutukudi to Bangalore. He has unloaded 14 parcels from one sealed body Madurai to SBC, the sealed body was intact, he totally unloaded 14 parcels. In that 12 bundles of bags pertains to Cardamom bags, he has entered unloading particulars in unloading register, the extract of unloading summery is produced before the court as per Ex.P.26. He has unloaded six Cardamom bags pertaining to PWB No.1332, another six bags of cardamom 8 CC.No.453-02 pertaining to PWB No.1333 and another two parcels of cardamom pertaining to PWB No.4001, the cardamom booked from Bodinayakananur to Haveri via SBC, the bags were intact condition. In this regard he has given statement to RPF as per Ex.P.14.
12. P.W.13 Sri.N.S.Suresh has stated that during 1998 to 2003 he worked as Head Clerk/SBC, on 1.10.2000, he was deputed as Unloading clerk from morning 6 to afternoon 2.00 clock, at 6.30hrs train No.6731 arrived at Platform No.1, one SLR 8438 it was sealed from Madurai to Bengaluru, he unloaded 47 Nos. of parcels of different kinds from the said SLR and the same was kept for further disposal. In this connection he made necessary entry in the unloading register - unloading summary, out of 47 parcels included two gunny bags of cardamom booked from BDNK to Haveri. In this connection he has given his statement as per Ex.p.19.
13. P.W.20 Sri.Veluswamy has stated that during 2000-2002 he was working as Chief parcel clerk, Parcel office, Madurai. On 29.9.2000 he was on duty between 14 to 24 hours, he was unloaded 64 parcels of cardamom bags from train 718 which has scheduled BDNK to Madurai, out of which he handed over the two parcel bags Parcel way bill No.351 and 343 Ex-BDNK to Haveri i.e. two bags, after unloading to parcel office as per loading procedure.
14. P.W.20 has further stated that on 21.11.2001 one RPF staff approached him, taken his statement as per Ex.P.42, after 9 CC.No.453-02 unloading he entered in unloading register and handed over to loading clerk.
15. P.W.21 Sri.N.T.Suresh has further stated that during 1999-2000 he was working as Parcel clerk, Madurai, on 30.9.2000 when he was working as Parcel clerk at 14 to 22 hours, he attended the train No.6731 Ex-TN to SBC, he loaded 47 parcels, SLR No.8438, PWB No.351343, BDNK to HVR two bags of cardamom gunny bags are loaded out of 47 bags, after loading he sealed the SLR to Bengaluru and entered it in loading register, after one year the RPF staff approached him, taken his statement as per Ex.P.44. After loading he entered it in loading summary register extract as per Ex.P.45.
16. P.W.7 Sri.B.T.Venkatappa has stated that during 2000 he was working as Loading and un-loading at Transshipment Parcel office, SBC. On 3-10-2000 he was on the duty of Loading and un-loading of parcels from the trains. On that day he had loaded 28 parcels to Train No.583, he has entered loading particulars in the extract of loading register as per Ex.P.25. He has loaded 6 Cardamom bags pertaining to way bill No.1333, 4 bags of Cardamoms pertaining to PWB No.3063, 2 bags Cardamoms pertaining to way bill No.1343, total 28 parcels in the middle SLR of Train No.583 SLR No.8466 and sealed to Davanagere. The cardamom pertaining to above parcel way bill was booked from Bodinayakanur to Haveri via SBC, the 10 CC.No.453-02 seal made to SLR was black wax seal. In this regard he has given his statement as per Ex.P.13.
17. P.W.9 Sri.C.Krishna has stated that during 1998 to 2003, he was working as PC/RPF/SBC, he was witnessing party on behalf of RPF for loading of parcels to trains, on that day loading clerk had loaded 12 bags of cardamom bags to SLR of Train No.283, after loading they have made seal to the SLR, affixed wax seal with gunny thread, there may be tamper in the middle. In this regard he has given his statement, he has noticed A-1 during his duty hours, the train departure time was 21-15 hrs, on seeing the writing on the bag and on smell he felt it is cardamom.
18. P.W.12-B.S.Ranganath has stated that during 1998 to 2001, he was worked as H.C/RPF/SB, on 3.10.00 at 13 to 21.30hrs he was deputed to the work shift duty in platform No.5 to 10 north side, he was attending the parcel seal check duty provided in SLR of the trains in Train No.283 SR SLR 6862 was checked by him, it was found empty, the middle SLR body of the train No.8466 found both bodies sealed on all the four doors, it is expected to go to Davengere from Bangalore city, when he checked the seal the time was 21.00 hrs, the train went at 21.30hrs and there after he switched on to other work, he made seal check book entry extract as per Ex.p.33, he has signed in the seal check book register, he has given statement as per Ex.p.32.
11 CC.No.453-02
19. P.W.15 Sri.T.Narasimha Murthy has stated that from 1991 to 2012 he has worked as Chief guard in Mysore Division, Arasikere Hq. Qtrs, Railways, on 3.10.2000 the Train No.283 intended to be proceeded from Bengaluru to Hubli, he has been deputed as Chief guard in that train, his duty commenced at 8.45 p.m., he was checking the entire formation and noticed in the middle SLR 8556 there was loading of parcel, he informed to make intimation after loading and went to last guard coach, at 9.30hrs he was instructed to start train, no commercial or RPF staff reported to him as to loading, as per the instructions of S.M, he instructed to start the train. On arrival at Tumkur at 10.58 p.m, RPF staff obtained his signature for checking the seal, when the train was about to start, the RPF staff informed him the missing of seal in the middle SLR, then he informed RPF staff to convey the message to Arisekere for arranging the seal. Thereafter in Arisekere the RPF staff and Commercial staff arrived and affixed tape seal, on completion of his duty hours he went house, he has given s tatement to RPF as per Ex.P.34.
20. P.W.16 Sri.S.Ramamurthy has stated that since 1964 to till 2003 up to his retirement he worked as Hamli cum Sealer at Parcel office, Bengaluru, on 3.10.2000 he was on duty from 2.30 p.m to 10.30 p.m. In Hubli passenger train, the SLR was loaded, he affixed seal, he provided seal for both the bodies of SLR No. 8466, he went to 12 CC.No.453-02 attend other train, the train was placed at Platform No.10, the RPF has taken statement in this regard as per Ex.P.30.
21. P.W.34 Sri.D.Suresh has stated that he was working as constable at Tumkur in the year 1997 to 2003, he was on duty between 21 hrs to 6hrs on 3/10/2000, the train No.283 passenger arrived at 23hrs to Tumkur from Bengaluru. While he was checking seal in SLR No.8466, he noticed front luggage body was sealed both sides i.e. from Bengaluru to Davengere. He then checked back side luggage body, it is noticed seal was missing towards platform, he informed the same to the guard of the train, he did not take any steps, he informed it to his incharge, Tumkur Station Master & Arisekere Station Master and requested to provide seal. In this regard RPF have recorded his statement as per Ex.P.15.
22. P.W.35 Sri.Maheshwarappa has stated that he was working as Amali at Devangere for 15years till 2001. On 3-4/10/2000 at about 5 a.m., they unloaded parcel from train in presence of RPF, he do not remember the train number, they handed over parcels to concerned parcel clerk. RPF have recorded his statement in this regard.
23. P.W.36 Sri.O.Dayanithi Babu has stated that he was working as Station Master at Boodinayakanur between June-2001 to April-2004, During his tenure on 21/11/2001 RPF S.I/SBC requested him to furnish copies of 2 forwarding notes as per Ex.P.52 & Ex.P.53, copies of 2 Way bill as per Ex.P.54 & Ex.P.55 and copies of 2 13 CC.No.453-02 loading particulars as per Ex.P.56 & Ex.P.57 in connection to Parcel Way bill.351333 dtd:25/9/2000 and Parcel way bill No.351343 dtd:29/9/2000 booked by Sri.Sarangapani S.M. from Boodinayakanur to Haveri. That he furnished such certified extracts to S.I./RPF/SBC on the same day.
24. P.W.26 Sri.Nagaraj C.Bellary has stated that during 1983 to 2004 he worked in Harihara Head quarters as a passenger guard in railway department. On 4.10.2000 he was entrusted to work in Train No.283A as a passenger guard in between Chikkajajur to Harihara, at about 4.35hours the train arrived to chikkajajur, he took charge from one Mr.Shivalingam, SLR-8466, in a train he noticed there were four luggage bodies, among them 3 were with seal Bangalore to Davengere another was with tape seal from Arisekere, he started train by 4.48 hours, the train reached Davengere at 5.38 hours, one Amal Mr.Maheshwararapp, RPF Mr.Nagaraj came near brake van for unloading. RPF Mr.Nagaraj noticed 4 SLRs with seals and noted it in his hand book, they opened the one body and unloaded 23 parcels at Davengere, remaining 17 parcels were carried further, they opened 2nd body which was tape sealed as Arisekere, they found no Davangere parcels, they noticed 9 cardamom bag and one bicycle pertaining Haveri station, they locked both bodies and started the train at 6 a.m., Train reached Harihara at 6.15 hours, he handed over the charge to one Mr.A.R.Hublikar along with train 14 CC.No.453-02 with four SLR bodies. He has given statement to RPF in this regard as per Ex.P.71.
25. P.W.10 Sri.C.H.Durgappa has stated that during the year 2000, he was working as H.C/RPF/Arasikere, on 4.10.00 he was on seal check duty, on that day at about 4hrs train No.283 arrived on track No.2, he has checked the seal condition of middle SLR of said train and found, out of 4 doors 3 doors found in intact and one door seal was missing i.e., towards south side, he has entered the said facts in seal check book Ex.P.36, he went to office and prepared the seal memo, the same was given to on duty station Master, the traffic Hammal of railways came to the spot and arranged for tape seal to the missing door. In this regard he has given statement as per Ex.P.35. Immediately after finding the seal missing on the door he informed the said fact to chief guard of the said train, he asked him to make a tape seal.
26. P.W.28 Sri.S.Radhakrishnan has stated that during 1999 to 2005 he was working as Chief Commercial Clerk at Haveri, on 4/10/2000 while he was working as parcel clerk attending train No.283 from Bangalore city to Hubli passenger train, during duty hours between 6.30 to 14.30 hours he received 10 parcels from guard of the said train. That after unloading parcels he segregated the same in station vise, he noticed that they were only 4 parcels against 6 parcels inrespect to Parcel Way Bill No.351333, date of booking 15 CC.No.453-02 was 29/9/2000, he also noticed that there was only 1 parcel against 2 parcels in respect to Parcel Way Bill No.351343, date of booking was 29/9/2000. Immediately he contacted division office at Mysore to find out any parcels left at Bangalore city, they received information that all the parcels have been loaded at Bangalore city. Subsequently the consignee presented the receipt of P.Way bill for taking delivery of parcels. He issued partial delivery certificate along with parcels for less quantity deliver, he has informed this before RPF, he gave statement regarding this as per Ex.P.66, 9 parcels were cardamom and one parcel was bicycle.
27. P.W.31 Sri.M.Beemalingam has stated that he was working as CPSR at Bangalore City Railway Parcel Office. On 18.10.2001 RPF Staff requested him to issue extract of loading as per Ex.p.25 and unloading summary as per Ex.P.26 of Train No.283 which was scheduled from Bangalore to Shimogga, he gave extract of summary as requested.
28. P.W.33 Sri.M.C.Renadeav has stated that during 1995 to 2001 he was working as Station Master at Davangere. During October and November of 2001 on the request of Inspector/RPF he has issued extract of parcel unloading register as per Ex.p.74 pertaining to train No.283, dtd:4/10/2000.
29. P.W.29 Sri.Sriramulu has stated that he was working as ASI/RPF/Tumkur during the year 2007. On 3/10/2000 enquiry officer 16 CC.No.453-02 requested him to give extract of seal check register and message in connection to theft committed in the passenger train No.283, he had given true copy of the extract of seal check register as per Ex.p.27 and message as per Ex.p.28.
30. P.W.30 Sri.B.L.Binu Kumar has stated that during 2000-2003 he was working as SI/RPF/Arisekere. On the request of E.O., on 6/11/2001 he has issued extract of seal check book of Arisekere RPF post as per Ex.p.36 on report of missing of seal in train No.283, that he has also issued copy of seal memo as per Ex.p.37 to provide tape seal from Arisekere.
31. These witnesses have said about booked consignment containing 4 bags of cardamom from Bodinayakanur to Haveri in Train bearing No.283 & missing of 2 bags of cardamom out of the said consignment in name of extract of seal check registers, parcel unloading register, unloading summary. During cross examination of these witnesses nothing elicited which destroys the case of complainant that the consignment was booked from Bodinayakanur to Haveri in Train bearing No.283 and missing of 2 bags of cardamom in the consignment.
32. P.W.1 Sri.C.Thomas Mohan Jaikumar during his chief examination has stated that on 20.9.2001 at about 21.00 hours at Y.Pura Railway Station Yard, near South cabin of the yard, noticed A.1-Raju carrying a gunny bag bearing Railway mark in green ink as "BDNK 17 CC.No.453-02 351343/P2-HVR V SBC" & moving with suspicious manner, they stopped him, subjected to enquiry, he did not give satisfactory answer, they checked the bag, found 4 kgs of green cardamom without any bill or voucher, they seized the same under a mahazar Ex.p.1 in presence of the witness Raju, he gave confessional statement in presence of witness Raju that he is RPF Head Constable at Bangalore City, committed theft of 3 bags of cardamom from Train No.283 by throwing 3 bags of cardamom from the train at Malleswaram Railway Station, transported the same to his residence at Doddabale in Ambassador Car No.MEQ- 878 & concealed the bags with the assistance of A.2-V.Siddaiah, thereafter, he sold 2½ bags of cardamom to the shop at Thyamagondalu with the assistance of A.3-Rudresh.
33. P.W.1 has further stated that on the same day, A.1 led them to house of A.3-Rudresh, A.3 admitted the transaction with A.5, himself & A.1 led to the shop of A.5-Nagaraj Gupta at Thyamagondalu, A.4 the clerk of A.5 was present, they seized 6 kgs of cardamom which was in the gunny bag having Railway Mark as BDNK 351 333/P-6-HVR-SBC in green ink in presence of two independent witnesses by name A.G.Dinesh & B.S.Dinesh in a search process under Mahazar Ex.P.4. He recorded the statement of Sri.Hari Rao-Constable-79, SBC, who said A.1 was not in the station between duty hours 6.00 hours to 13.00 hours on 4.10.2000 at MG Gate, Platform No.5 to 7, SBC, where A.1 was posted. He 18 CC.No.453-02 further recorded the statement of S.Ramesh of M/s.Balaji Trading Company, Bodinayakanur, who was the consignor as per Ex.p.46, who identified the seized cardamom and bag bearing railway marks and issued property certificate as per Ex.p.47. He has also stated that he collected extract of Rough Duty Register in respect of night duty dt:3/4-10-2000 as per Ex.p.85, on 21.9.2001 he further recorded the confessional statement of A.1-S.Raju as per Ex.p.86.
34. P.W.1 has further stated that his enquiry further revealed that on 3.10.2000, A.1-S.Raju was posted on night duty from 21.30 hours to 6.00 hours on the next day, but he has not taken over the charge of the duty point and traveled by train No.283 & entered into SLR 8466 and committed theft of 3 bags of cardamom, by throwing the same at Malleshwaram Railway Station, taken the same to his residence at Doddabele by Ambassador Car driven by A.6-Syed Muneer.
35. P.W.1 has further stated that the enquiry also revealed that A.1 has also not handed over the charge of the duty point to his receiver, A.3-Rudesh has assisted A.1 in disposing the stolen cardamom in the shop of A.5, A.4 was working as clerk in the shop of A.5 and had knowledge about the purchase of stolen cardamom, A.2 father of A.1 had helped him in concealing the stolen cardamom and thereby A.1 to 4, & 6 have committed the offence punishable u/s.3(a) of RP(UP) Act, 1966. He further stated that 2 bags of cardamom containing 4 kgs & 6 kgs respectively are at 19 CC.No.453-02 Mo.1 & 2, Mo.1-4 kgs of cardamom were seized from the possession of A.1 & Mo.2-6 kgs of cardamom were seized from the possession of A.5.
36. P.W.2 Sri.T.Martin Luther, during his chief examination has stated about he received custody of A.1, 4 & 6 & property along with report Ex.p.7 from P.W.1-Sri.C.Thomas Mohan Jaikumar, registered the case, produced them before the court, about furnished Muster roll extract, duty roaster beat book Ex.p.82 & 84, seal check book of train No.283 dated:3.10.2000 plying from Bangalore to Chitradurga at Ex.p.85, took file for further investigation from P.W.1, completed investigation and filed complaint as per Ex.p.88.
37. P.W.3 Sri.C.Siddalingaiah has stated that on 3.11.2001, he drafted the voluntary statement of A-6-Syed Munir as per Ex.p.22 as per the dictation of P.W.1, on the same day, he recorded the statements of Babu and Chandra as per Ex.P-23 and Ex.P-24, the statements of B.S.Dinesh and A.G.Dinesh as per Ex.P-11 and 12, the statement of witness Raju as per Ex.P-17.
38. P.W.4 Sri.B.Mohanlingam has stated that during 2001 he was working as P.C. at CIB/RPF, Bangalore, on 21.9.2001 A-1 & 3 lead them to Thymagondlu bus stop along with 2 Inspectors, they went to the shop of A-5 Mr.Nagaraj Gupta, his clerk Mr.Rangaswamy, A.4 was present, A-1 & 3 told that they sold Cardamom to A-4. They searched the shop of A-5 on the basis of search warrant, they have 20 CC.No.453-02 traced and seized cardamom and a gunny bag having railway mark. Inspector secured two independent witnesses and drawn the search list as per Ex.p.4 and seized the cardamom along with the bag, they brought accused and seized property to RPF post, he identified driver A-6 Syed Munir in Bangalore city bus stand (Majestic) as he has seen A-6 earlier also. He was running taxi and parking in railway taxi stand. The Inspector brought A-6 to RPF post and recorded his statement as per Ex.P.22, A-6 stated in his statement that he is driving taxi since 1½ years and transported cardamom to Malleshwaram railway station to Doddabale railway station, he has given statement as per Ex.P.76. Mo.2 is the property seized from A-4.
39. P.w.11 Sri.Hari Rao has stated that during the Year - 2000 he was working as constable/RPF/SBC, on 4.10.2000 he was on duty from 6 hrs to 13 hrs at B & E point of city railway station, it covers MG gate pass area located at MG gate pass duty area and Platform Nos.5 to 7 north, first roll call will be done prior to his deputing duty. Mr.M.Narayana Swamy, ASI was the duty officer who conducted the roll call, he came to know that his predecessor A-1 Mr.Raju is supposed to be on duty at B & E point, but he was not present on duty, he tried to find A.1, but he was not available, he looked for A.1 as he has not handed over the charge, B point book was not available, E point book traced in the bunk point, he made entry and took charge as per the entry entering in the point book. That at 21 CC.No.453-02 about 12.20hrs Mr.Reuben, S.I/PF came to the spot and inspected the duty point and made entry in the point book, after his duty one Mr.Narayana Swamy, constable came to his beat point and took the charge and he was relieved. That after his completion of his duty he went to RPF post, SBC and returned, roll call was again conducted, he did not tell the absence of A-1 at that time due to mistake, he do not remember whether both the point books were available at that bunk point, since elapse of long time, he do not remember whether he has told Mr.Reuben regarding the absence of A-1.
40. P.W.18 Sri.N.Ravi Kumar has stated that during 1996 to 2004 he was working as Constable-156/SBC/RPF, on 3.10.2000 he was on duty from 1.00 p.m to 9.30 p.m., he was deputed at B-point, at about 9.30 p.m A1 Mr.S.Raju had to relieve him and to take over the duty, but nobody came to relieve him. Then he handed over the point and made entry in the point book and went to office, he signed written Roll call, at that time A1-Mr.Raju went, he informed him to make entry in the point book and left the point, he has given statement as per Ex.P.40.
41. P.W.5 Sri.B.S.Dinesh has stated that about 5-6 years back when he was doing coolie work at railway platform/ SBC, RPF called him, they have told to sign on a paper, three other persons also signed, A-1 Raju was there & turned hostile. Nothing elicited in support of their case.
22 CC.No.453-02
42. P.W.6 Sri.A.Gangappa has stated that he know A.5- Nagaraju Gupta, he is having Provision Store, opp: Thymagondlu P.S. about 10 to 11 years back about 6.00 p.m. RPF came to the shop of A-5 while his son was in the shop, at that time A-5 was not present, he is a political leader and PLD Bank president. A-5 Nagaraja Gupta and his wife came to him and told RPF came and taken their son to RPF post, he do not know the seizure of amount by RPF by A-5 when he was present in the store on 14-10-2001, he has not signed any writing made in shop of A-5, but he has signed in RPF office in Bangalore, he cannot identified the signature of A-5, another document of statement of A-5 is Ex.P.9, another document Ex.P.21, he has signed those signature in RPF post, Bangalore, he has not read contents of the document, he do not know the content. RPF asked him to sign release the son of A-5, he sign the document, he can read angelic and understand little bit & turned hostile, nothing elicited by prosecution in support of their case.
43. P.W.25 Sri.K.Udaya Kumar has stated that he do no know the accused who are before the court, he do not know about this cases, he has not given any statement to RPF, the signature is of him & turned hostile & nothing elicited in support of their case by prosecution.
23 CC.No.453-02
44. P.W.32 Sri.Subhashjain has stated that he do not know anything about this case & turned hostile, nothing elicited by prosecution in support of their case.
45. P.W.1 to 6, 11 & 18 are all Department witnesses not supported by mahazar witnesses P.W.1 to 6, P.W.11 & 18 have stated that the accused was not present on the date of incident at the duty time. But P.w.1, 2, 11 & 18 during the cross examination have admitted A.1 was on duty between 9.30 p.m., on 3.10.2000 to 6.00 a.m., on 4.10.2000 as per Ex.D.1 to 3.
46. Further, A.1-S.Raju given his evidence as D.W.1 where he has stated that he is the A.1 in this case. On the date of allegation i.e., on 3.10.2000 at about 9.30 p.m., he reported to duty and on 4.10.2000 at 6.15 a.m., on completing his duty relieved, he has obtained certified copies of duty roaster, station diary, E-Point book duty to show that he was on duty on the date of alleged offence, his Sr.Officer has put his signature certifying that he has attended duty and executed it without any lapses, he is working as Head Constable in Bangalore City Railway since 1992. During 2001 he had taken steps against some persons as to illegal entry and misconduct in R.A Cases and had imposed penalty due to which said persons with enimity colluded with the officers who has filed this complaint & got filed this case. He has not committed any offence as alleged he is innocent. He has produced certified copies 24 CC.No.453-02 of duty roaster, station diary & e-point book as per Ex.D.4 to 6, he had applied for the copy of B-point , but the officer concerned had given certificate Ex.D.7 that they had lossed it and unable to give such B-Point book extract, the copy of letter for applied for certified copies of above said documents as per Ex.D.8.
47. In support of his oral evidence, he has relied upon Ex.D.1 to 6 i.e., Ex.D.1 the Duty Roaster, Ex.D.2 the extract of Station House Diary, Ex.D.3 the copy of E-Point Book, Ex.D.4 the certified copy of Duty Roaster, Ex.D.5 the certified copy of Station Diary & Ex.D.6 the E- Point book shows he was on duty on the date of incident.
48. During the cross-examination of D.W.1, he has stated that from 1998 to 2001 he worked in SBC. He has denied that he has admitted before the RPF that he had committed theft of 3 bags of cardamom, similarly he had admitted before RPF that he had traveled in SLR of Train No.283 Ex-SBC to Hubli till Malleshwaram & pushed the 3 cardamom bags, he had admitted before RPF that he had transported said 3 bags in a car bearing No.MEQ-878, the documents produced by him are false, only to escape from the liability or punishment he is deposing false.
49. During his cross-examination nothing elicited which destroys his chief-examination. Further, all the witnesses to seizure mahazars in connection to seizure of cardamom from A.1 & A.5 are not examined. The witnesses P.W.5, 6, 25 & 32 who are examined 25 CC.No.453-02 turned hostile. At the out set, seizure mahazars in connection to seizure of cardamom from A.1 & 5 are not proved.
50. P.W.14 Sri.Maruti Appaji Kawale has stated that from June-2000 to 2002 he worked as Asst. RTO at Yeshwanthpur, Bengaluru, he received intimation/ requisition from railway police to ascertain the owner, address of Car, R.C.No.MEQ-878, he received the requisition and given the address of the owner Mr.A.S.D.Silva, the vehicle was standing in his name at that time i.e., between 1/10/2000 to 30/10/2000, the letter.
51. P.W.17 Sri.M.N.Narasimha Reddy has stated that since 1995 to till date for 13 years he worked as Associate Professor at Agricultural research station, Chintamani, the Asst. Professor Sri.Vishnuvardhana has purchased white Ambassador car bearing No.MEQ 878, he has given statement before RPF, on 12.11.2001 RPF Inspector by name Mr.Thomas called him from neighbouring quarters, he has stated that car is involved in theft and seized the car by drawing mahazar as per Ex.p.39 in his presence. He has given statement to RPF as per Ex.P.64.
52. P.W.19 Sri.R.Raghunath has stated that during 1999 to 2000 he was working as Driver at Chintamani, in Agricultural Research station. On 12.11.2001 RPF came at about 9-10 hrs at night, they called him to the house of Mr.Vishnuvardhana, Ambassador car No.MEQ-878 was seized drawing mahazar as per Ex.p.39 in his 26 CC.No.453-02 presence, he & Narasimha Reddy have signed the mahazar, they have taken Xerox copy of R.C. RPF has taken his statement as per Ex.p.65.
53. P.W.23 Sri.Vishnuvardhana has stated that during 1995-2002 he worked in Chintamani, Kolar Dist as Asst. Professor, Horticulture research Centre, in the month of Oct-2001 he purchased white ambassador car from one Mr.Dsilva, RPF Inspector, vehicle-bearing register No.MEQ-878. On 12.11.2001 at 9.30 to 10 RPF and staff came to Chintamani his quarters, they informed that the car is involved in the theft case and seized the same, they called their two staff Mr.M.N.Narasimha reddy and Raghunath and seized the car, the RPF taken the vehicle to their custody at that time. He got the released the same through Court order. On 27.11.2001 he have taken the vehicle executing the acknowledgment as per Ex.P.62. The RPF recorded his statement as per Ex.P.63.
54. P.W.14, 17, 19 & 23 have stated about how the Ambassador Car is involved and to whom the Ambassador Car belongs to, but in view of it is proved that A.1 was on duty as on the date of the incident and the seizure mahazars in connection to cardamom is not proved, the case of the prosecution is doubtful and the evidence of P.W.14, 17, 19 & 23 do not support the case of prosecution to clear the said doubt. Thus, I answer Points No.1 to 4 negative. 27 CC.No.453-02
55. Points No.5: In view of my findings on Points No.1 to 4, I proceed to pass the following order.
ORDER Acting u/s.248(1) of Cr.P.C., the accused No.1, 3, 5 & 6 are acquitted for the offence punishable u/s.3(a) of RP(UP) Act, 1966.
The bail bonds of accused No.1, 3, 5 & 6 stands cancelled. The interim orders in respect of Mo.1 & 2 made absolute and the complainant is directed to dispose of the same in accordance with law. The samples of Mo.1 & 2 be released to the custody of complainant to dispose of the same in accordance with law.
(Dictated to the Stenographer, directly on computer, typed by her corrected and then th pronounced by me, in open court on this the 30 day of November-2015) PRESIDING OFFICER.
ANNEXURE:
ON BEHALF OF THE COMPLAINANT:
Witnesses:
P.w.1 C.Thomas Mohan Jaikumar, P.w.2 T.Martin Luter, P.w.3 C.Siddalingaiah, P.w.4 B.Mohanlingam, P.w.5 B.S.Dinesh, P.w.6 A.Gangappa, P.w.7 B.T.Venkatappa, P.w.8 S.Purushotham Nai, P.w.9 C.Krishna, P.w.10 C.H.Durgappa, P.w.11 Hari Rao, P.w.12 B.S.Ranganath, P.w.13 N.S.Suresh, 28 CC.No.453-02 P.w.14 Maruti Appaji Kawale, P.w.15 T.Narasimha Murhty, P.w.16 S.Ramamurthy, P.w.17 M.N.Narasimha Reddy, P.w.18 N.Ravi Kumar, P.w.19 R.Raghunath, P.w.20 Veluswamy, P.w.21 N.T.Suresh, P.w.22 A.Sahayaraj, P.w.23 Vishnuvardhana, P.w.24 Vijayan, P.w.25 K.Udaya Kumar, P.w.26 Nagaraj C.Bellary, P.w.27 R.Saranga Pani, P.w.28 S.Radhakrishnan, P.w.29 Sriramalu, P.w.30 B.L.Binu Kumar, P.w.31 M.Beemalingam, P.w.32 Subhashjain, P.w.33 M.C.Renadeav, P.w.34 D.Suresh, P.w.35 Maheshwarappa, P.w.36 Q.Dayanithi Babu.
Documents:
Ex.p.1 Mahazar, Ex.p.1(a) Sig. of P.W.1, Ex.p.1(b) Sig. of A.1, Ex.p.1(c) LTM of Raju, Ex.p.1(d) Sig. of P.W.3, Ex.p.2 Statement of A.1, Ex.p.2(a) Sig. of P.W.1, Ex.p.2(b) Sig. of A.1, Ex.p.2(c) LTM of Raju, Ex.p.2(d) Sig. of P.W.3, Ex.p.3 Statement of A.3, Ex.p.3(a) Sig. of P.W.1 Ex.p.3(b) Sig. of A.3, Ex.p.3(c) Sig. of P.W.3, Ex.p.4 Search List Cum Mahazar, Ex.p.4(a) Sig. of P.W.1. Ex.p.4(b) Sig. of A.4, Ex.p.4© Sig. of A.1, Ex.p.4(d) Sig. of A.3, Ex.p.4(e) Sig. of Panch witness, Ex.p.4(f) Sig. of Panch witness, Ex.p.4(g) Sig. of P.W.4, Ex.p.5 Statement of A.4, Ex.p.5(a) Sig. of P.W.1, Ex.p.5(b) Sig. of A.4, Ex.p.5© Sig. of Panch witness, Ex.p.5(d) Sig. of Panch witness, 29 CC.No.453-02 Ex.p.5(e) Sig. of P.W.3, Ex.p.6 Mahazar, Ex.p.6(a) Sig. of P.W.1, Ex.p.6(b) Sig. of Siddalingaiah, Ex.p.7 Special report, Ex.p.7(a) Sig. of P.W.1, Ex.p.8 Recovery Memo, Ex.p.8(a) Sig. of P.W.1, Ex.p.8(b) Sig. of A.5, Ex.p.8(c) & (d) Sig. of Panchas, Ex.p.8(e) Sig. of P.W.3, Ex.p.9 Confessional Statement of A.5, Ex.p.9(a) Sig. of P.W.1, Ex.p.9(b) Sig. of A.5, Ex.p.9© Sig. of Panch witness, Ex.p.9(d) Sig. of Panch witness, Ex.p.9(e) Sig. of P.W.3, Ex.p.10 Report, Ex.p.10(a) Sig. of P.W.1, Ex.p.11 Statement of B.S.Dinesh, Ex.p.11(a) Sig. of P.w.1, Ex.p.11(b) Sig. of B.S.Dinesh, Ex.p.11(c) Sig. of P.W.3, Ex.p.12 Statement of A.G.Dinesh, Ex.p.12(a) Sig. of P.w.1, Ex.p.12(b) Sig. of A.G.Dinesh, Ex.p.12(c) Sig. of P.W.3, Ex.p.13 Statement of B.T.Venkatappa, Ex.p.13(a) Sig. of P.w.1, Ex.p.13(b) Sig. of B.T.Venkatappa, Ex.p.14 Statement of Purshothama, Ex.p.14(a) Sig. of P.w.1, Ex.p.14(b) Sig. of Purshothama Nair, Ex.p.15 Statement of D.Suresh, Ex.p.15(a) Sig. of P.w.1, Ex.p.15(b) Sig. of D.Suresh, Ex.p.16 Ownership Certificate of car, Ex.p.16(a) Sig. of P.W.14, Ex.p.17 Statement of N.Raju, Ex.p.17(a) Sig. of P.w.1, Ex.p.17(b) LTM of N.Raju, Ex.p.17(c) Sig. of P.W.3, Ex.p.18 Statement of C.Krishna, Ex.p.18(a) Sig. of P.w.1, Ex.p.18(b) Sig. of C.Krishna, Ex.p.19 Statement of N.S.Suresh, Ex.p.19(a) Sig. of P.W.1, Ex.p.19(b) Sig. of N.S.Suresh, Ex.p.20 Statement of K.Uday Kumar, Ex.p.20(a) Sig. of P.w.1, Ex.p.20(b) Sig. of K.Uday Kumar, Ex.p.21 Statement of A.Gangappa, 30 CC.No.453-02 Ex.p.21(a) Sig. of P.w.1, Ex.p.21(b) Sig. of A.Gangappa, Ex.p.22 Statement of A.6-Syed Muneer, Ex.p.22(a) Sig. of P.w.1, Ex.p.22(b) Sig. of A-6, Ex.p.22© Sig. of Babu, Ex.p.22(d) Sig. of Chandran, Ex.p.22(e) Sig. of P.W.3, Ex.p.22(f) Sig. of P.W.4, Ex.p.23 Statement of Babu, Ex.p.23(a) Sig. of P.w.1, Ex.p.23(b) Sig. of Babu, Ex.p.23(c) Sig. of P.W.3, Ex.p.24 Statement of Chandran, Ex.p.24(a) Sig. of P.w.1, Ex.p.24(b) Sig. of Chandran, Ex.p.24(c) Sig. of P.W.3, Ex.p.25 Extract of Loading Summary, Ex.p.26 Extract of Unloading Summary, Ex.p.27 Extract of Seal check dt:3.10.2000, Ex.p.28 Extract of Message dt:3.10.2000, Ex.p.29 Extract of Unloading Summary dt:1.10.2000, Ex.p.30 Statement of S.Ramamurthy, Ex.p.30(a) Sig. of P.w.1, Ex.p.30(b) Sig. of S.Ramamurthy, Ex.p.31 Statement of Hari, Ex.p.31(a) Sig. of P.w.1, Ex.p.31(b) Sig. of Hari, Ex.p.32 Statement of B.S.Ranganath Ex.p.32(a) Sig. of P.w.1, Ex.p.32(b) Sig. of B.S.Ranganath, Ex.p.33 Extract of seal check book of Train-283, Ex.p.33(a) Sig. of P.W.2, Ex.p.34 Statement of T.Narasimhamurthy, Ex.p.34(a) Sig. of P.w.1, Ex.p.34(b) Sig. of T.Narasimhamurthy, Ex.p.35 Statement of C.H.Durgappa, Ex.p.35(a) Sig. of P.w.1, Ex.p.35(b) Sig. of C.H.Durgappa, Ex.p.36 Extract of seal check of Train No.283, Ex.p.36(a) Sig. of P.W.30, Ex.P.37 Extract of Seal Memo from IPF/Arasikere, Ex.p.37(a) Sig. of P.W.30, Ex.p.38 Statement of A.Siddaraju, Ex.p.38(a) Sig. of P.w.1, Ex.p.38(b) Sig. of A.Siddaraju, Ex.p.39 Mahazar, Ex.p.39(a) Sig. of P.W.1, Ex.p.39(b) Sig. of M.N.Narasimha Reddy, Ex.p.39(c) Sig. of R.Raghunath, Ex.p.39(d) Sig. of Vishnuvardhana, Ex.p.40 Statement of Ravikumar, 31 CC.No.453-02 Ex.p.40(a) Sig. of P.w.1, Ex.p.40(b) Sig. of Ravikumar, Ex.p.41 C/c of Weights & Measures, Ex.p.42 Statement of M.Veluswamy, Ex.p.42(a) Sig. of P.W.1, Ex.p.42(b) Sig. of Veluswamy, Ex.p.43 Extract of Unloading Summary Ex.p.44 Statement of N.T.Suresh, Ex.p.44(a) Sig. of P.w.1, Ex.p.44(b) Sig. of N.T.Suresh, Ex.p.45 Extract of Loading Summary, Ex.p.46 Statement of S.Ramesh, Ex.p.46(a) Sig. of P.w.1, Ex.p.46(b) Sig. of S.Ramesh, Ex.p.47 Property Certificate, Ex.p.47(a) Sig. of S.Ramesh, Ex.p.48 Statement of M.Vijayan, Ex.p.48(a) Sig. of P.w.1, Ex.p.48(b) Sig. of M.Vijayan, Ex.p.49 Property Certificate, Ex.p.49(a) Sig. of M.Vijayan, Ex.p.50 Statement of Palaniyandiservi, Ex.p.50(a) Sig. of P.w.1, Ex.p.50(b) Sig. of Palaniyandiservi, Ex.p.51 Statement of Sarangapani, Ex.p.51(a) Sig. of P.w.1, Ex.p.51(b) Sig. of Sarangapani, Ex.p.52 & 53 Copies of Extract of forwarding note, Ex.p.52(a) & 53(a) Sig. of P.W.36, Ex.p.54 & 55 Copies of extract of RR Copies, Ex.p.54(a) & 54(a) Sig. of P.W.36, Ex.p.56 & 57 Extracts of loading summary, Ex.p.56(a) & 57(a) Relevant entry Ex.p.56(b) & 57(b) Sig. of P.W.36, Ex.p.58 Statement of Sahayaraj, Ex.p.58(a) Sig. of P.w.1, Ex.p.58(b) Sig. of Sahayaraj, Ex.p.59 Extract of loading summary, Ex.p.60 Statement of N.V.Prembabu, Ex.p.60(a) Sig. of P.w.1, Ex.p.60(b) Sig. of N.V.Prembabu, Ex.p.61 Extract of unloading summary, Ex.p.62 Acknowledgement, Ex.p.62(a) Sig. of P.W.23, Ex.p.63 Statement of Vishnuvardhan, Ex.p.63(a) Sig. of P.w.1, Ex.p.63(b) Sig. of Vishnuvardhan, Ex.p.64 Statement of M.N.Narasimhareddy Ex.p.64(a) Sig. of P.w.1, Ex.p.64(b) Sig. of M.N.Narasimhareddy, Ex.p.65 Statement of R.Raghunath, Ex.p.65(a) Sig. of P.w.1, 32 CC.No.453-02 Ex.p.65(b) Sig. of R.Raghunath, Ex.p.66 Statement of S.Radhakrishna, Ex.p.66(a) Sig. of P.w.1, Ex.p.66(b) Sig. of S.Radhakrishna, Ex.p.67 Extracts of unloading book, Ex.p.68 Delivery Book, Ex.p.69 Shortage delivery certificate, Ex.p.70 Shortage delivery certificate, Ex.p.71 Statement of N.C.Bellary, Ex.p.71(a) Sig. of P.w.1, Ex.p.71(b) Sig. of N.C.Bellary, Ex.p.72 Statement of R.R.Savisesh, Ex.p.72(a) Sig. of P.w.1, Ex.p.72(b) Sig. of R.R.Savisesh, Ex.p.73 Statement of Rasiklal Jain, Ex.p.73(a) Sig. of P.w.1, Ex.p.73(b) Sig. of Rasiklal Jain, Ex.p.74 Extract of unloading summary, Ex.p.74(a) Sig. of P.W.33, Ex.p.75 Statement of Suresh K.Jain, Ex.p.75(a) Sig. of P.W.1, Ex.p.75(b) Sig. of P.W.32, Ex.p.76 Statement of Mohanlingam, Ex.p.76(a) Sig. of P.w.1, Ex.p.76(b) Sig. of Mohanlingam, Ex.p.77 Statement of Kemparaj, Ex.p.77(a) Sig. of P.w.1, Ex.p.77(b) Sig. of Kemparaj, Ex.p.78 Statement of P.Nagarajan, Ex.p.78(a) Sig. of P.w.1, Ex.p.78(b) Sig. of P.Nagarajan, Ex.p.79 Extract of Seal Check Ex.p.80 Statement of Sridharan, Ex.p.80(a) Sig. of P.w.1, Ex.p.80(b) Sig. of Sridharan, Ex.p.81 Statement of A.C.Maheshwarappa, Ex.p.81(a) Sig. of P.w.1, Ex.p.81(b) Sig. of A.C.Maheshwarappa, Ex.p.82 Extract of Muster Roll, Ex.p.82(a) Sig. of P.W.2, Ex.p.83 Statement of Ramesh, Ex.p.83(a) Sig. of P.w.1, Ex.p.83(b) Sig. of Ramesh, Ex.p.84 Extract of Point Book Dt:3.10.2000, Ex.p.84(a) Sig. of P.W.2, Ex.p.85 Extract of Rough Duty Register, Ex.p.85(a) Sig. of P.W.2, Ex.p.86 Further Statement of A.1, Ex.p.86(a) Sig. of P.w.1, Ex.p.86(b) Sig. of A.1, Ex.p.86(c) Sig. of P.W.3, Ex.p.87 Search Warrant, 33 CC.No.453-02 Ex.p.88 Complaint, Ex.p.88(a) Sig. of P.W.2.
MATERIAL OBJECTS:
Mo.1 - 4 kgs., Of Cardamom, Mo.2 - 6 kgs., Of Cardamom.
ON BEHALF OF THE ACCUSED: Witnesses: S.Raju.
Documents:
Ex.D.1 C/Xerox copy of Duty Roaster extract, Ex.D.2 Station House Diary Extract, Ex.D.2(a) Relevant Entry, Ex.D.2(b) Relevant Entry, Ex.D.2(c) Relevant Entry, Ex.D.3 X/c of E-Point Book, Ex.D.3(a) Relevant Entry, Ex.D.4 C/c of Duty Roaster, Ex.D.5 C/c of Station Diary, Ex.D.6 C/c of E-point Boo, Ex.D.7 Certificate, Ex.D.8 Copy of Letter.
(PUSHPAVATHI V) PRESIDING OFFICER, SPL.COURT FOR ECONOMIC OFFENCES, BANGALORE.