Delhi District Court
State vs . Mansoor Hassan on 13 March, 2020
IN THE COURT OF SH. ANKIT SINGLA:
ACMM (SOUTH), SAKET, NEW DELHI
State Vs. Mansoor Hassan
FIR No. 603/2019
P.S. Mehrauli
U/s 188 of IPC
J U D G M E N T (ORAL)
A. Cr.C. No. : 838/2020
B. Date of its institution : 13.02.2020
C. Name of the complainant : HC Mahender Singh.
D. Date of commission of offence : 27.10.2019
E. Name of the accused : Mansoor Hassan S/o
Sh. Basiul Hassan
R/o H. No. P266, Gadwal
Colony, Ward No.02, New Sani
Mandir, Ward No.02, Mehrauli,
New Delhi.
F. Offence complained of : U/s 188 IPC
G. Plea of accused : Pleaded not guilty
H. Date when judgment reserved : Oral
I. Date when judgment pronounced : 13.03.2020
J. Final order : Convicted
BRIEF STATEMENT OF FACTS FOR THE DECISION
1. It is the case of the prosecution that on 27.10.2019 at about 06:00 PM HC Mahender Singh while on patrolling duty reached along FIR No. 603/2019 State Vs. Mansoor Hassan 1/4 with Ct. Pankaj at house no. P266, Ward No. 2, Mehrauli, New Delhi, and discovered that accused was found carrying fire crackers at the aforesaid place, without licence and permission and in violation of Order or Hon'ble Supreme Court in Civil Writ Petition No.728/2015 and Circular No.114685/P.SEC./Addl. CP/OPS & Modernization dated 03.11.2018. HC Mahender Singh prepared tehrir Ex. PW1/B and he himself got registered the present FIR. He prepared site plan Ex. PW1/C, seized recovered crackers vide seizure memo Ex. PW1/A, arrested the accused and conducted personal search vide memo Ex. PW1/F. On the said complaint, FIR was registered and investigation was carried out and after completion of investigation, chargesheet has been filed.
2. Notice u/s 188 IPC framed against the accused to which he pleaded not guilty. Vide separate statement u/s 294 Cr. PC, accused admitted the genuineness of the following documents relied upon by the prosecution.
1) FIR No. 603 /2019 dated 27.10.2019 is Ex. A1.
2) Certificate under Section 65 B Evidence Act regarding FIR No. 603 /2019 is Ex. A2.
3) Entry of register No.19 of MHC ( M) PS Mehrauli regarding deposition of case property in Malkhana is A3.FIR No. 603/2019 State Vs. Mansoor Hassan 2/4
3. Thereafter, matter was fixed for PE. In order to prove its case, prosecution examined one witness namely HC Mahender Singh. PW HC Mahender Singh deposed on behalf of case of prosecution & supported the case of prosecution. Since, almost all the documents of the prosecution stood admitted, the prosecution dropped the remaining witnesses. Statement of accused was recorded under Section 313 of Cr.PC who chose not to lead any defence evidence.
4. In his statement under Section 313 of Cr.PC, the accused has taken the stand that he purchased fire crackers for himself. He was not selling fire crackers at the alleged place on the date of incident. He was unaware about the circular No.114685/P.SEC./Addl. CP/OPS & Modernization dated 03.11.2018 regarding ban on selling fire crackers in Delhi. He, however, chose not to lead any DE. Thereafter, the matter was fixed for final arguments.
5. During cross examination of PW1, the accused failed to extract any admission or bring any material contradiction on record. The perusal of testimony shows that same remained bylarge unrebutted. In view of the documents admitted and the unrebutted testimony of the witness PW1, it stands established that on 27.10.2019, HC Mahender alongwith Ct. Pankaj found accused carrying plastic bag containing fire crackers. Thus, from FIR No. 603/2019 State Vs. Mansoor Hassan 3/4 unrebutted testimony of PW1, it is established that accused was in possession of fire crackers. Accused has not denied the possession of fire crackers. His defence is that fire crackers were not for sale but for personal use. However, accused failed to prove even his stand that fire crackers were for his personal use. Even otherwise, the language of Ex.PW1/D is categorical that it bounds even the public person who purchased fire crackers in violation of judgment of the Hon'ble Supreme Court regarding ban on selling fire crackers in Delhi. Purpose of the order Ex.PW1/D is to ensure that the public person are informed that buying of fire crackers for selling the same in Delhi is banned. Therefore, in view of the unrebutted testimony of PW1 coupled with admission of accused that he was having possession of fire crackers, this court has no reason to disbelieve the case of prosecution, that accused was found in possession of fire cracker in violation of circular Ex. PW1/D. Accordingly, accused Mansoor Hasan is convicted for the offence under Section 188 of IPC.
Dictated and announced (Ankit Singla) in the open court ACMM/South on 13.03.2020 Saket Courts: New Delhi FIR No. 603/2019 State Vs. Mansoor Hassan 4/4