Delhi District Court
State vs . Pawan Kumar & Anr. Fir No. 291/91 Ps: ... on 14 February, 2012
State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC IN THE COURT OF NEERAJ GAUR, METROPOLITAN MAGISTRATEIII, NORTH, DELHI Brief reasons for the judgment in the case with following particulars: FIR No. 291/91 PS Sadar Bazar U/S 420 r/w/s 482 IPC. State V/S Pawan Kumar & Anr. C. No. 585/3 U. ID No. 02401R0435072003 Date of Institution: 15.02.1993 Date of commission of offence 24.04.1991 Name of the Complainant SI Magan Singh Name and address of accused (1) Pawan Kumar Gupta s/o Late Sh. Arjun Dass Gupta , r/o A224, Safdarjung Enclave, Delhi. (2) Mohd. Hashim s/o Late Sh. Qutubuddin, r/o W131, Chandra Shekhar Azad, Galli Babarpur, Shahdara, Delhi. Offence complained of U/S 420 r/w/s 482 IPC. Plea of accused Pleaded not guilty Final Order Acquitted Date of reserve for orders 14.02.2012 Date for announcing the orders 14.02.2012. JUDGMENT:
Brief Facts and pretrial:
1. On 24.09.91, the police officials including PW3 Ct. Mukesh and PW6/ IO Inspector Magan Singh were on patrolling duty in the area and a secret C/No. 585/3 U. ID No. 02401R0435072003 Page No. 1 of 7 State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC information was received regarding some fake gas regulators. As usual, public persons were asked to join the investigation and as usual, none agreed. Raiding party was constituted which reached at 108, Qutub Road which was godown of M/s Delhi Jalandhar Transport. One Taat bora was checked which was found containing two cartons. One carton box was found containing 50 Gas Regulators of Hindustan Petroleum Brand and other box was found containing 50 Gas Regulators of Indian Oil Corporation Brand. These articles were seized.
The employee namely Ashok Kumar of the Transport Company produced a goods receipt of booking of the Regulators from Delhi to Pathankot. The police found that the accused Pawan had made this booking with the Transport office and on 27.09.91, accused Pawan was arrested. Pawan disclosed to the police that he purchased the spurious Regulators from accused Hashim. Consequently a raid was conducted at the house of Hashim after joining public witnesses i.e. PW1 and PW2. The accessories of the Gas Regulators were recovered from the house, which were seized.
2. After completing the investigation, both the accused persons were chargesheeted u/s 420 IPC, 63/64 of Copy right Act and 78/79 of Trade Mark Act.
3. After necessary compliances, charges u/s 420 R/W/S 482 IPC were framed against the accused Pawan on 31.03.2002 to which he pleaded not guilty. Charges u/s 420/482 IPC were also framed against Mohd. Hashim and he also C/No. 585/3 U. ID No. 02401R0435072003 Page No. 2 of 7 State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC claimed trial. Record shows that the Ld. Court of Revision set aside the charge u/s 482 IPC against Mohd. Hashim and the only charge remained to be proved against Mohd. Hashim is Section 420 IPC.
Trial:
4. To establish the charges, prosecution examined six witnesses in total whose testimonies are touched upon in brief as under:
(i) PW1 Sh. Dhanpat Ram and PW2 Mr. P.C. Goel were proposedly the witnesses of recoveries effected from the house of the accused Mohd .
Hashim but both of them turned hostile and did not support the prosecution case even during the crossexamination on behalf of the State.
(ii) PW3 Ct. Mukesh and PW6 / IO Inspector Magan Singh supported the prosecution case as discussed in para No. 1 of the Judgment. Both of them deposed about the recoveries of two cartons of the Regulators from the Transport office. One regulator each from the two cartons were stated to be taken separated as samples and the remaining Regulators were duly sealed and thereafter, seized vide memo Ex.PW3/A. The seizure memo of the articles recovered from the house of accused Mohd. Hashim is Ex.PW1/A. Rukka is Ex.PW6/A and site plan is Ex.PW6/B. The builty / goods receipt is marked as Ex.P3. The letter written to Hindustan Petroleum and IBP regarding the genuineness C/No. 585/3 U. ID No. 02401R0435072003 Page No. 3 of 7 State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC of the samples and written by PW6 are marked as Ex.PW6/D & PW6/E. The respective replies from IBP and IOC are Ex.PW4/A and Mark X1 respectively. Both of them proved the case property i.e. the Gas Regulators as Ex.P1 and P2 collectively.
(iii) PW4 Sh. M.S. Kameshra retired DGM of Indian Oil Corporation deposed that no agency in the name of M/s Gupta Agency was given the authorisation for dealership of IOC products. He proved his letter / response given to the police as Ex.PW4/A.
(iv) PW5 HC Ved Pal is the MHC(M) of PS Sadar Bazar who brought the malkhana register No. 19 and stated that 12 borries of regulator parts were deposited in malkhana vide entry No. 1892.
Statement of accused and defence
5. After closure of prosecution evidence, the statements of both the accused persons U/S 313 CrPC were recorded. Both stated that they were innocent and have been falsely implicated. They did not choose to lead any evidence in their defence.
Arguments and appreciation of evidence in the light of legal propositions:
6. Ld. Counsel for the accused Pawan argued that the prosecution failed to prove any link of accused Pawan with the Regulators allegedly recovered from the Transport Company.
C/No. 585/3 U. ID No. 02401R0435072003 Page No. 4 of 7
State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC The prosecution has relied upon the documents Ex.P3, which is a receipt No. 072717 dated 23.09.91. The contents of this receipt are very cryptic. The words written on this receipt are "Pathankot", "6 CR LPG Gas Stove", "250". Nothing in this document suggest that any consignment was booked by accused Pawan or by any Gupta Agency. Moreover, the receipt depict 06 cartons whereas the goods recovered are only two cartons. No explanation is coming forth from the prosecution side as to what happened to remaining four cartons.
No witness from the concerned Transport Office could be examined by the prosecution despite opportunity who could prove that it was accused Pawan who booked the consignment. Even the IO / PW6 admitted that he could not ascertain the exact place of the consignment at Pathankot where the goods were supposed to be delivered. He also admitted that no document were obtained by him to show the ownership of M/s Gupta Agencies over the seized goods.
7. The prosecution has miserably failed to prove that the goods recovered from the Transport Office had any link with accused Pawan. In these circumstances, no conviction can be recorded against Pawan for the offences charged against him. He is accordingly held not guilty to the charges framed against him.
8. The points of arguments of Ld. Counsel for accused Mohd. Hashim are jotted down as under:
(i) No completely assembled regulator was recovered. C/No. 585/3 U. ID No. 02401R0435072003 Page No. 5 of 7
State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC
(ii) No proof , if the parts allegedly recovered from the house of Mohd. Hashim could be assembled to make a complete Regulator.
(iii)Both the public witnesses have turned hostile and have not proved the alleged recovery.
(iv)There is no proof if the premises from where the recovery was made belonged to Mohd. Hashim in any manner.
(v) The allegedly recovered parts could not be produced in the Court.
8. After going through the evidence, led by the prosecution, I found complete merits in the aforementioned arguments. The prosecution has failed to prove that the parts allegedly recovered from the premises of Mohd. Hashim were parts of a Regulator. The prosecution has even failed to establish if the premises from where the recovery was effected was of Mohd. Hashim. The material available on record is intrinsically weak to hold Mohd. Hashim guilty of the offences with which he was charged. In these circumstances, the charge could not be established against accused Mohd. Hashim as well. C/No. 585/3 U. ID No. 02401R0435072003 Page No. 6 of 7 State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi U/s 420 R/W/S 482 IPC Conclusion
9. In view of the discussions made above, both the accused persons i.e. Pawan Kumar and Mohd. Hashim are acquitted of the charges framed against them. File be consigned to record room.
Announced in open court (Neeraj Gaur)
today i.e. on 14.02.2012 Metropolitan Magistrate III(N)
Tis Hazari Courts, Delhi.
C/No. 585/3
U. ID No. 02401R0435072003 Page No. 7 of 7
State Vs. Pawan Kumar & Anr. FIR No. 291/91 PS: Subzi Mandi
U/s 420 R/W/S 482 IPC
14.02.2012
Pr: Ld. APP for the State.
Both accused on bail with Ld. Counsel.
Final arguments heard.
Vide my separate Judgment announced in the open court today, both the accused persons have been acquitted for the offences charged against them.
Both the accused pray for extension of their Bail Bonds for six months for the purpose of Section 437A CrPC. Request is allowed and B/B and Surety Bonds of both the accused persons are extended for six months.
File be consigned to record room.
(Neeraj Gaur) MMIII/North Delhi 14.02.2012 C/No. 585/3 U. ID No. 02401R0435072003 Page No. 8 of 7