Delhi District Court
State vs . Mohd. Sharuk on 28 January, 2020
IN THE COURT OF SH. ANKIT SINGLA:
ACMM (SOUTH), SAKET, NEW DELHI
State Vs. Mohd. Sharuk
FIR No. 602/2019
P.S. Mehrauli
U/s 188 of IPC
J U D G M E N T (ORAL)
A. Cr.C. No. : 5566/2019 B. Date of its institution : 27.11.2019 C. Name of the complainant : HC Virender Singh
D. Date of commission of offence : 18.10.2019
E. Name of the accused : Mohd. Sharuk S/o
Sh. Mohd. Anwar,
R/o H. No. 1061/B11, Ward
No.7, 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 : 28.01.2020 J. Final order : Convicted BRIEF STATEMENT OF FACTS FOR THE DECISION FIR No. 5566/2019 State Vs. Mohd. Sharuk 1/5
1. It is the case of the prosecution that on 27.10.2019 at about 05.40 near Pahlwan Dabha, Ward No.7, Mehrauli, New Delhi, HC Virender Singh while on Emergency duty reached at the above mentioned place along with Ct. Ashok and discovered that accused was selling 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 Virender prepared tehrir Ex. PW 1/A and got registered the present FIR through Ct. Ashok. He prepared site plan at the instance of Ashok Ex. PW1/B, seized recovered crackers, arrested the accused and conducted personal search. On the said complaint, FIR was registered and investigation was carried out and after completion of investigation, chargesheet has been filed.
2. In order to prove its case, prosecution examined one witness namely HC Virender Singh,
3. During trial, accused has admitted the genuineness of the following documents u/s 294 Cr. PC:
1) FIR No. 602 /2019 dated 27.10.2019 as Ex. A1.
2) Certificate under Section 65B Evidence Act FIR No. 5566/2019 State Vs. Mohd. Sharuk 2/5 regarding FIR No. 602 /2019 as Ex A2.
3) DD No. 63A dated 27.10.2019 as A3.
4) Circular 114685/P.SEC./Addl.CP/OPS &
Modernization dated 03.11.2018 as Ex.A4 ( running into 2 pages)
5) Entry of register No.19 of MHC ( M) PS Mehrauli regarding deposition of case property in Malkhana and case property i.e. Fire crackers as Ex A5.( Colly.) PW HC Virender Singh deposed on behalf of case of prosecution & supported the case of prosecution.
4. 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.
5. 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 FIR No. 5566/2019 State Vs. Mohd. Sharuk 3/5 final arguments.
6. In view of the documents admitted and the unrebutted testimony of the witness PW1, it stands established that on 27.10.2019, in pursuant to DD No. 56A he along with Ct. Ashok reached at the spot i.e. near Pahlwan Dabha, Ward No.7, Mehrauli. There they had seen that accused was standing near at wall of aforesaid Dabha and was carrying one bag. On suspicion they checked the aforesaid bag and found that four packets of fire crackers were inside the bag. Thereafter, the name of accused was revealed as Mohd. Sharuk. He prepared tehrir, Ex.PW1/A. He got registered the present FIR through Ashok. He deposed that he prepared site plan at the instance of Ct Ashok (Ex.PW1/B), seized the aforesaid recovered fire crackers and arrested accused vide memo Ex.PW1/D, conducted personal search of accused which is Ex.PW1/E. He further deposed that during investigatoin he collected copy of circular bearing no. 114685/P.SEC./Addl.CP/OPS & Modernization dated 03.11.2018 regarding Ban on selling fire crackers in Delhi in pursuant to order of Hon'ble Supreme Court in Civil Writ Petition No. 728/2015 which is already Ex.A4.
7. The language of Ex.A4 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.A4 is to ensure that the public person is informed FIR No. 5566/2019 State Vs. Mohd. Sharuk 4/5 that buying of fire crackers for selling the same in Delhi is banned. The accused did not led any evidence to support his claim made in his statement u/s 313 Cr. PC that he had the fire crackers with him for personal use. The onus was upon him to prove the same. 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. A1. Accordingly, accused Mohd. Sharuk is convicted for the offence under Section 188 of IPC.
Dictated and announced (Ankit Singla)
in the open court ACMM/South
on 28.01.2020 Saket Courts: New Delhi
Digitally
signed by
ANKIT ANKIT SINGLA
Date:
SINGLA 2020.02.04
16:58:51
+0530
FIR No. 5566/2019
State Vs. Mohd. Sharuk 5/5