Bangalore District Court
State By vs Babu S/O.Late Tukaram on 9 March, 2017
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 9th day of March 2017
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22333/2010
Complainant - State by, Police Sub Inspector
Halasur Police Station
/vs/
Accused 1. Babu S/o.late Tukaram, 47 yrs. No.49,
4th Cross, Gauthampura, Halasur,
Bengaluru.
3. Selvaraj S/o.Munirathnam, 28 yrs.
No.166, Hari Colony, Kanakapura
Main Road, Banashankari, Bengaluru.
A.2 Ramanatha - Splitup.
JUDGMENT
1. The P.S.I of Halasur police station have filed this chargesheet against the accused Nos.1 to 3 for the offences punishable u/S.471, 420 of IPC.
2. It is alleged by the prosecution that the accused Nos.1 and 3 along with absconding A.2 on 22/3/2006 around 6.00 PM at Babu house, 5th Cross, Nagamma Nagar, Gauthampura, Halasur, Bengaluru were found in fabrication and forgery of fake security seals and 2 CC No.22333/2010 security slips containing fake Government Seal and Signature of Excise officials and were found to be in possession of 6,370 number of fake security slips printed on 49 pages and one page containing 130 fake security seals and security slips to be used for pasting on liquor bottles by the Excise Department and knowing it to be fake and forged security seal and signature made use of the said slips on fake liquor bottles and cheated the Government and thereby committed the alleged offences.
3. On the basis of the complaint filed by complainant, a case was registered in Halasur P.S., Cr.No.112/2006 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas. Statements of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 and 3 have appeared before the court through their counsel and have been released on bail. A.2 since absconding, case against A.2 splitup. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charges were 3 CC No.22333/2010 framed against the accused Nos.1 and 3 for the alleged offences and accused have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 3 witnesses as PWs.1 to 3 and got marked 8 documents as Exs.P1 to P8. Statements of accused u/S.313 of Cr.P.C. were recorded and the accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that the accused Nos.1 and 3 along with absconding A.2 on 22/3/2006 around 6.00 PM at Babu house, 5th Cross, Nagamma Nagar, Gauthampura, Halasur, Bengaluru were found in fabrication and forgery of fake security seals and security slips containing fake Government Seal and Signature of Excise officials and were found to be in possession of 6,370 number of fake security slips printed on 49 pages and one page containing 130 fake security seals and security slips to be used for pasting on liquor bottles by the Excise Department and knowing it to be fake and forged security seal and signature made use of the said slips on fake liquor bottles and cheated the Government and thereby committed the alleged offences?
2. What order?4 CC No.22333/2010
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined Jayaram who is the witness to seizure mahazar and spot mahazar as PW.1. He turned hostile to the case of the prosecution.
10. Complainant Bhartesh examined as PW.2 who is the S.I. in State Excise Intelligence Bureau deposed that on 22/3/2006 when he was on beat duty along with his staff received information about stocking of illegal liquor bottles at 5th Cross, Nagamma Nagar, Gauthampura, Halasur, Bengaluru and went to the spot along with his staff and panchas wherein they found one person at the door of the house and on seeing them he ran away from the spot and on enquiry with neighbours came to know that name of the accused as Babu and thereafter went inside the house and on searching they found white plastic bags and some liquor bottles, excise adhesive labels. On searching found 24 Gulkonda Branch boxes each containing 12 5 CC No.22333/2010 bottles of 750 ml and also fund 8 boxes of Black bull Rum, 8 Boxes of old cask, 8 boxes of Admiral Rum, 6 box of Contessa XXX Rum, 10 boxes of Old Port Rum, 2 Boxes of Mcdowell XXX Rum, 840 bottles of 630 litres of Liquors were found and also found 6500 labels containing Defence Services only, canteen services only and also fabricated and forged excise adhesive labels and got information that liquors were illegally manufactured in the said house. At the spot he conducted mahazar between 6.00 to 8.00 PM in presence of panchas and thereafter given complaint before PSI, Halasur police station. On the same day along with CW.9 went to the spot, prepared mahazar and further deposed that accused persons have created, forged, fabricated fake excise adhesive labels and cheated the Government.
11. PW.3 Nagaraj is the witness to the spot mahazar deposed that on 25/3/2006 between 4.30 to 5.00 PM in connection with seized forged and fabricated labels and illegal liquor bottles conducted mahazar and he has signed mahazar at the spot.
12. In this case PW.2 complainant Bhartesh, Inspector of Excise Intelligence Bureau and witness to the spot mahazar PW.3 Nagaraj supported the case of the prosecution. Witness to the seizure mahazar and spot mahazar PW.1 Jayaram turned hostile to the 6 CC No.22333/2010 prosecution. During the course of cross examination of PW.2 it has been elicited that he has not made the neighbours as seizure witness and not recorded statement of neighbours and he has not mentioned the name of the neighbours who has given the information about accused No.1. In this case charge was framed against the accused on 4/8/2015 and subsequent to framing of charge inspite of issue of summons, warrants and proclamations, remaining chargesheet witnesses could not be secured and they were dropped and the prayer of Sr.APP to take further coercive steps against them was rejected. In this case only the complainant and witness to the spot mahazar supported the case of the prosecution but seizure witness turned hostile and other seizure mahazar witnesses to the liquor bottles and labels are not examined. Thus prosecution failed to prove the seizure of liquor bottles and adhesive labels. The evidence of complainant not corroborated by examining other material chargesheet witnesses. Hence, on the available evidence on record, doubt arises as to the case of the prosecution and the benefit of doubt has to be given to the accused. Accordingly I hold that prosecution failed to bring home the guilt of the accused beyond reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
7 CC No.22333/2010
13. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 and 3 are acquitted of the alleged offences punishable u/s 471, 420 of IPC. Bail bonds of accused stand cancelled and they are set at liberty. Office to retain the case records and property till disposal of splitup case as against accused No.2.
(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 9th day of March 2017).
(NAGESH MURTHY.B.K) X A.C.M.M., BENGALURU 8 CC No.22333/2010 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Jayaram Nil PW.2 Bhartesh.
PW.3 Nagaraj Exhibits Marked Ex.P1 True copy of Mahazar.
Ex.P1(a)Signature of PW.2.
Ex.P1(b)Signature of PW.3.
Ex.P2 Mahazar.
Ex.P2(a)Signature of PW.1.
Ex.P3 Mahazar Ex.P3(a)Signature of PW.1.
Ex.P4 Complaint.
Ex.P4(a)Signature of PW.2.
Ex.P5 Seized Label.
Ex.P6 True copy of FIR Ex.P6(a)Signature of PW.2.
Ex.P7 Search Warrant.
Ex.P7(a)Signature of PW.2.
Ex.P8 Seizure mahazar.
Ex.P8(a)Signature of PW.2.
X A.C.M.M., Bengaluru.
9 CC No.22333/2010