Bangalore District Court
Jagadish S.H. Pi vs Mohammed Mujaff Alias Chowdhary on 21 February, 2025
KABC030440092020
Presented on : 21-09-2020
Registered on : 21-09-2020
Decided on : 21-02-2025
Duration : 4 years, 5 months, 0 days
IN THE COURT OF THE VIII ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU CITY
Present: Smt. Deepa.V., B.A.L. LL B.
VIII ACJM, Bengaluru City.
Date: this the 21st Day of February, 2025
C.C. No.11129/2020
(Crime No.28/2020)
State by R.T.Nagara Police Station,
Bengaluru. ... Complainant
(Represented by Sri Vishwanath, Senior APP)
Versus
1. Sri Mohammad Mujash @ Choudhary,
Aged about 62 years,
S/o Sri Late Abdul Lathif,
R/at No.105/2, Behind Shalini Bar,
3rd Main Road, Seethappa Layout,
Chamundi Nagara, R.T.Nagara,
Bengaluru.
KABC030440092020 CC11129/2020
2. Sri Syed Rafeeq,
Aged about 35 years,
S/o Sri late Syed Razak,
R/at No.105/2, Behind Shalini Bar,
3rd Main Road, Seethappa Layout,
Chamundi Nagara, R.T.Nagara,
Bengaluru.
3. Sri Kishore @ Krishna- split up,
Aged about 24 years,
S/o Sri Mothiram,
R/at No.596/20, Maruthinagara,
Yalahanka, Bengluru.
Native Place: Karya Anaavas
Village, Pipaad City, Jodpur
District, Rajasthan.
4. Sri Arfath Baig,
Aged about 31 years,
S/o Sri Ashif Baig,
R/at 1st Cross, Behind
Lababin Masjid,
Devarajeevanahalli,
Bengaluru. ... Accused
The case against accused No.3 was split up by order
dated 20-11-2023.
(Represented By Sri Mahiboob Makashi, Advocate)
2
KABC030440092020 CC11129/2020
1. Date of commission of 21-01-2020
offence
2. Date of FIR 21-01-2020
3. Date of Charge sheet 25-04-2020
4. Name of Complainant Sri.Jagadish.S.H., PI,
CCB Special Enquiry
Squad, Bengaluru.
5. Offences complained of Under Section 285 of
IPC, Section 3, 7(1)(a)(i)
of Essential Commodities
Act 1955 and Sections.
7, 3(1)(a), 3(B)(C), 6, 4(1)
(A) Gas Supply Act-2000.
6. Date of framing of 19-07-2022
charges
7. Charge Pleaded not guilty
8. Date of commencement 26-05-2023
of evidence
9. Date of Judgment is 17-02-2025
reserved
10. Date of Judgment 21-02-2025
3
KABC030440092020 CC11129/2020
11. Final Order Accused No.1, 2 and 4
are acquitted
12. Date of sentence -
JUDGMENT
The Police Sub-Inspector of R. T. Nagara Police Station submitted charge sheet against accused No.1 to 4 for the offences punishable under Section 285 of IPC, Section 3, 7(1)(a)(i) of Essential Commodities Act 1955 and Sec 7, 3(1)(a), 3(B)(C), 6, 4(1)(A) of Gas Supply Act-2000.
2. Prosecution Case: On 21-01-2020 CW1 namely Sri Jagadish.S.H., Police Inspector, CCB, Special Enquiry Squad on receipt of credible information and conducted the raid along with CW4 to CW7 in the presence of pancha witnesses namely CW2 and CW3 and found that the accused No.1 to 4 with common intention at No.105/2, behind Shalini Bars, Chamundi Nagara, Seethappa Layout, R.T.Nagar, Bengaluru, within the limits of R.T.Nagara Police Station, without obtaining license, possessed domestic gas cylinders of various companies unauthorisedly and was refilling to small gas cylinders and auto-rickshaws without adhering to safety measures with an intention to make wrongful gain.
4 KABC030440092020 CC11129/20203. First Information Report: Upon the receipt of credible information, CW1 / PW5 raided shed of accused and seized the properties in the presence of panchas by drawing the spot cum seizure mahazar as per Ex.P1 and prepared the complaint on the spot as per Ex.P5 and produced the same before SHO of R.T.Nagara PS.
4. Investigation: During the course of investigation, on receipt of complaint/report as per Ex.P5 from CW1/PW5, CW10/CW4 Smt.Premakumari, WPSI of R.T.Nagara PS, registered FIR as per Ex.P6, recorded the statement of witnesses and voluntary statements of accused persons and handed over the seized gas cylinders to Food Civil and Supply Department as per Ex.P7 and submitted the charge sheet against accused No.1 to 4 for the alleged offences showing accused No.5 absconding, if traced, a separate charge sheet will be submitted against him.
5. On receipt of charge sheet, this Court took cognizance of offences alleged against the accused persons.
6. Copies of prosecution paper as required U/Sec.207 of Cr.P.C have been furnished to the accused persons.
5 KABC030440092020 CC11129/20207. At the pe-summoning stage, the accused No.1 to 4 were released on bail by the order dated 22/01/2020.
8. Charge: After hearing learned APP and counsel for accused, charge for the offences punishable under Section 285 of IPC, Section 3, 7(1)
(a)(i) of Essential Commodities Act 1955 and Sections. 7, 3(1)(a), 3(B)(C), 6, 4(1)(A) Gas Supply Act- 2000, has been framed, read over and explained to the accused No.1 to 4 in the language known to them, who, in turn, pleaded not guilty and claimed to be tried.
9. In view of continuous absence of accused No.3, the case against him was ordered to be split up by the order dated 20/11/2023.
10. Prosecution Evidence: The prosecution in order to establish its case cited 10 witnesses examined 5 witnesses and exhibited 8 documents and closed their side. The examination of CW9 was given up by the order dated 26-05-2023 at the request of Sr.APP. On the examination of CW7, the examination of CW6 is given up by the order dated 25-01-2025 and the presence of the CW2 and CW3 were not secured despite the issuance of NBW.
6 KABC030440092020 CC11129/202011. Accused statement as per section 313 of CrPC: After completion of evidence of prosecution, the statement of accused No.1, 2 and 4 were examined as per section 313 of Cr.P.C, wherein they denied all incriminating evidence appearing in the statement of prosecution witnesses and did not lead any rebuttal evidence.
12. Heard the arguments. Perused materials on the record.
13. The following point are arises for consideration is as follows;
1. Whether the prosecution proved beyond all reasonable doubt that on 21-01-2020 at No.105/2, Behind Shalini Bar, Chamundi Nagara, Seethappa Layout, R.T.Nagar, Bengaluru, within the limits of R.T.Nagara Police Station the accused No.1, 2 and 4 along with split up accused No.3 without obtaining license possessed gas cylinders of various companies and was refilling to small gas cylinders and auto-rickshaws without adhering to safety 7 KABC030440092020 CC11129/2020 measures thereby resulted in commission of an offence punishable U/sec.285 of IPC?
2. Whether the prosecution proved beyond all reasonable doubt that on above said date, time and place, the accused No.1, 2 and 4 along with split up accused No.3 without obtaining license possessed gas cylinders of various companies unauthorisedly and was refilling to small gas cylinders without adhering to safety measures with an intention to make wrongful gain thereby resulted in commission of the offences under Section 3, 7(1)
(a)(i) of Essential Commodities Act 1955 and Sections 7, 3(1)
(a), 3(B)(C), 6, 4(1)(A) Gas Supply Act-2000?
3. What order?
8 KABC030440092020 CC11129/202014. The court's findings on the above points are as under:
Point No.1 & 2 : In the Negative Point No.3 : As per final order REASONS
15. Point No.1 & 2: These points are taken up together for the purpose of common discussion in order to avoid repetition of facts as they form the same part of transaction. In support of prosecution case as narrated in paragraph 2 and the point for consideration in paragraph 13 of this judgment, the prosecution has examined the witnesses, which are as follows i. CW5 Sri Chandrashekar @ Chandru, the then HC of CCB, Enquiry Squad, Bengalore, examined as PW1 deposed that on 22-01-2020, at 3 pm, CW1 namely Sri Jagadish, on receipt of credible information that, the accused without obtaining valid license possessed gas cylinders of various companies unauthorisedly at No.105/2, 3rd Main, R T Nagar, Chamundi Nagar, Seethappa Layout and was refilling to small domestic gas cylinders without adhering to safety measures with an intention to sell to public to make wrongful gain, he along with CW4, CW6 and CW7 and CW2 and CW3 panchas went to the spot and conducted mahazar, seized the properties and 9 KABC030440092020 CC11129/2020 prepared report and handed over to SHO of R.T. Nagara Police Station for further action as per law. The measurement of place is 30*40 feet which is consisting of shed on the right side and 3 small rooms on the left side, where the accused No.1 to 4 were re-filling gas. There were large and small cylinders, refilling pipes, weighing machines, gun motors, empty and filled cylinders were found inside the shed and the same were seized under Ex.P1 seizure mahazar. He identified seizure mahazar as per Ex.P1 and his signature thereon as Ex.P1(a), two photograph of cylinder and auto-rickshaw as per Ex.P2 and Ex.P3.
ii. CW8 Sri Ganesh, Manager of Department of Karnataka Food, Civil Supplies and Consumer Affairs examined as PW2 deposed on 06-02-2020, as per the request of the SHO of R.T. Nagar PS and order of court, he received the 11 items including gas cylinders, measuring instruments and other items seized in this case and has given Ex.P4 acknowledgment. He identified his signature as per Ex.P4(a).
iii. CW7 Sri Rajanna, the then HC of CCB, Special Enquiry Squad, examined as PW3 who accompanied with PW1 has reiterated the version of CW6/PW1. He identified his signature as per Ex.P1(b).
10 KABC030440092020 CC11129/2020iv. CW10 Smt. Premakumari, the then WPSI of R.T.Nagara PS, examined as PW4 deposed that, on 21-01-2020, she received report from CW1. Based upon the report, she registered FIR as per Ex.P6 and submitted to the court. The seized goods were subjected to Property Form No.5/2020, the voluntary statement of the accused and the statements of CW2 to CW7 were recorded, the seized properties were sent to the Food and Civil Supplies Department. After investigation, she submitted charge sheet against the accused persons. She identified acknowledgment as Ex.P4 and letter as Ex.P7, signatures thereon as per Ex.P4(b) and 7(a).
v. CW1 Sri Jagadish, being informant and P.I. of CCB, Special Enquiry Squad, examined as PW5 and deposed that on receipt of credible information that, the accused No.1 without obtaining a valid license possessed gas cylinders of various companies unauthorisedly in his shed at No.105/2, 3 rd Main, R T Nagar, Chamundi Nagar, Seethappa Layout and was refilling to small gas cylinders and auto-rickshaws without adhering to safety measures with an intention to sell to public to make wrongful gain, he along with his staff and pancha witnesses raided the spot and accused No.1 to 3 and the auto-rickshaw bearing Reg.No.KA-01-AJ-6814 and the driver accused No.4 Arfath Baig who were there and 11 KABC030440092020 CC11129/2020 enquired and admitted illegal cylinder business with the intention of making a profit of Rs.300/- to 400/- per cylinder and refilling them for autos and refilling 4-5 kg cylinders. Further, he seized filled and empty cylinders of various companies, 3 refilling motors, 3 refilling guns, 3 gas cylinder weighing machines and auto-rickshaw bearing No.KA-01-AJ-6814 through a seizure mahazar as per Ex.P1 and handed over the same to SHO of R.T.Nagara PS and submitted report as per Ex.P5. He identified his signature as per Ex.P1(c) and 5(b).
16. A question arises whether the PW5, Police Inspector, CCB, has a power to enter the shed at No.105/2, 3rd Main, R.T. Nagar, Chamundi Nagar, Seethappa Layout within the limits of R.T.Nagara Police Station. In this reference, it is relevant to mention Section 13 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution), 2000 which reads as under
13. Power of entry , search and seizure: (1) Any Officer of the Central or the State Government not below the rank of Inspector duly authorized by a general or a special order, by the Central Government or the State Government , as the case may be or any officer of a Government Oil 12 KABC030440092020 CC11129/2020 Company not below the rank of Sales Officer , authorized by the Central Government , may , with a view to securing due compliance of this order or any other order made thereunder;
(a) Stop and search any vessel or vehicle used or capable of being used for the transport or storage of any petroleum product,
(b) enter and search any place,
(c) seize stocks of liquefied petroleum gas along with container and /or equipment , such as cylinders, gas cylinder valves, pressure regulators and seals in respect of which he has reason to believe that a contravention of this Order has been , or is being, or is about to be made.
(2) The sales officer of a Government Oil Company shall be authorized to secure compliance of this order by the distributors appointed under the public distribution system and or by the consumer registered by them.
13 KABC030440092020 CC11129/2020Coupled with NOTIFICATION issued in G.O.Ms.No.295, C F & CP Department dated 15.12.2000 under sub-clause (1) of clause 13 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 authorizing the following Officers for the purpose of the said clause are as under (1) All Officers of Civil Supplies and Consumer Protection Department not below the rank of Assistant Commissioner of Civil Supplies including the Assistant Commissioner (Inspection) of Civil Supplies.
(2) All Officer of Revenue Department not below the rank of Taluk Tahsildar within this respective jurisdiction.
(3) All Taluk Supply Officer in the rank of Tahsildar within their respective jurisdiction.
(4) All District Supply Officers within their respective jurisdiction (5) All Officer of the Police department including Civil Supplies (CID) not below the rank of Inspector of Police 14 KABC030440092020 CC11129/2020 (6) All Officers of the Labour Department not below the rank of Deputy Inspector of Labour.
Thus, it prescribes that a Police Inspector i.e., CW1/PW5 could take action. No doubt, the aforesaid Clause along with notification provides that in addition to the specified officers, the persons authorized by the Central or State Government may take action under the Order.
17. It is relevant to mention Section 10A of Essential Commodities Act 1955 which reads as under 10A. Offences to be cognizable.―Notwithstanding anything contained in 2 [the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be "cognizable 3 ***].
and further appears from Ex.P1-spot cum seizure mahazar under which gas cylinders have been seized by the CW1/PW5, PI by stating that the accused was in the possession of gas cylinders without any license on 21-01-2020 at 3.00 pm however FIR was registered on 21-01-2020 at 19.30 pm i.e., after the seizure (after investigation started).
15 KABC030440092020 CC11129/202018. In this regard, it is relevant to rely upon Sections 154 and 157 of Cr.P.C which reads as under
"154. Information in cognizable cases.--(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: [Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A,section 376AB, section 376B, section 376C, 16 KABC030440092020 CC11129/2020 section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that-- (a) in the event that the person against whom an offence under section 354, section 354A, section 354B,section 354C, section 354D, section 376, 1[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a 17 KABC030440092020 CC11129/2020 special educator, as the case may be;
(b) the recording of such
information shall be video
graphed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.] (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, 18 KABC030440092020 CC11129/2020 in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
157. Procedure for investigation.
--(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
19 KABC030440092020 CC11129/2020Provided that-- (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. [Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.] (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police 20 KABC030440092020 CC11129/2020 station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated."
Thus, it is clear from above provisions that there are two kinds of FIRs namely, the FIR can be registered by the informant which was duly signed by him. Secondly, the FIR can be registered by the police officer himself on any information received by him. In both the cases, the information should be reduced into writing and thereafter, the investigation must be carried out. Thus, it is clear that PW5 proceeded with investigation without registration of FIR which is unsustainable in law and the said principle is appreciated in the case of SRI DAYANANDA @ R. BABU VS STATE OF KARNATAKA REPORTED IN LAWS (KAR) 2024 - 4- 16.
19. It is clear from the records that there was no complaint from public and such being the case, how the PW5 could have suspected that the accused 21 KABC030440092020 CC11129/2020 persons were indulged in selling of gas cylinders to make wrongful gain for themselves.
20. It is relevant to mention Section 100(4) of Criminal procedure Code mandates (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
Thus, as per Section 100 of Cr.P.C., the police authority had to make an attempt to call for independent and respectable inhabitants of locality in which the place to be searched is situated. The alleged spot surrounded with residential house and shops and the same is depicted from the Ex.P1 as under ಚೆಕ್ಕುಬಂದಿ ಪೂರ್ವಕ್ಕೆ : ವಾಸದ ಮನೆ ಪಶ್ಚಿಮಕ್ಕೆ : 3ನೇ ಕ್ರಾಸ್ ರಸ್ತೆ 22 KABC030440092020 CC11129/2020 ಉತ್ತರಕ್ಕೆಃ ಪೆಂಚಾಲಯ್ಯರವರ ಮನೆ ದಕ್ಷಿಣಕೆಃ ಮಹಮದ್ ಅಬೀಬ್ ರವರ ಮನೆ At the time of raid, there were residential house and shops around the alleged spot but the PW5 (IO) did not make any attempt to obtain their statement and made them as witnesses. The learned counsel for the accused persons has cross examined the PW5 (Raiding officer) and PW4 ( IO) wherein they deposed that ಶಾಲಿನಿ ಬಾರ್ ಇರುವ ಜಾಗ ಸಾರ್ವಜನಿಕರ ಸ್ಥಳ ಎಂದರೆ ಸರಿ. ನಾನು ಅಕ್ಕಪಕ್ಕದವರನ್ನು ರಿಫ್ಲಿಂಗ್ ಮಾಡುವ ಬಗ್ಗೆ ಹೇಳಿಕೆಯನ್ನು ಪಡೆದುಕೊಂಡಿರುವುದಿಲ್ಲ. xxxxx ಶಾಲಿನಿ ಬಾರ್ ಪಕ್ಕ ಇದ್ದ ಶೆಡ್ ನ ಚೆಕ್ಕುಬಂದಿ ಈಗ ಹೇಳಲು ಸಾಧ್ಯವಿಲ್ಲ.
and ಕೃತ್ಯ ನಡೆದ ಸ್ಥಳ ಸಾರ್ವಜನಿಕ ಸ್ಥಳ ಎಂದರೆ ಸರಿ. ಸದರಿ ಕೃತ್ಯ ನಡೆದ ಸ್ಥಳದ ಅಕ್ಕ ಪಕ್ಕದಲ್ಲಿ ವಾಸವಿರುತ್ತಾರೆ ಎಂದರೆ ಸರಿ. ಅದು ಜನ ಓಡಾಡುವ ಪ್ರದೇಶ ಎಂದರೆ ಸರಿ.
ಅಕ್ಕಪಕ್ಕದರವನ್ನು ವಿಚಾರಣೆ ಮಾಡಿ ಈ ಕೇಸಿನಲ್ಲಿ ಸಾಕ್ಷಿ ಮಾಡಲು ತೊಂದರೆ ಇರಲಿಲ್ಲ.
Thus, it is clear that the alleged spot is surrounded with the residential area. No efforts have been made by the PW5 to make the local inhabitants as witnesses to the Ex.P1 nor the PW4 (IO) did not 23 KABC030440092020 CC11129/2020 investigate as to the source of selling the gas cylinders to the customers.
21. That apart, the prosecution has failed to secure the witnesses of Ex.P1 (seizure cum spot mahazar) i.e. CW2 namely Sri Munir Ahamad s/o Saleem Ahamad, a/a 33 years, R/at No.256, 4th Cross, Kavalbyarasandra, Bengaluru and CW3 by name Sri Kumar s/o Subbegowda, a/a 47 years, R/at No.81, 2nd Cross, Seethappa Layout, Manorayanapalya, R.T.Nagara Post, Bengaluru to prove the authnicity of Ex.P1. Despite sufficient opportunity, the concerned police have not secured their presence before the court to give their evidence. Such being the case, this court cannot give any credence to the Ex.P1 (seizure cum spot mahazar). Only if the witness around spot is not willing to be a witness, then, the police officer could have taken the witnesses as nearest as possible witnesses but they have not secured the CW2 and CW3 for proving the corroboration to the seizure panchaname. In this context, it is relevant to mention the decision in the case of Pradeep Narayana Vs State of Maharastra reported in AIR 1995 Supreme Court 1930 wherein it was held that failure of police to join witness from locality during search creates doubt about fairness of the investigation, benefit of which has to go to the accused.
24 KABC030440092020 CC11129/202022. PW5 being the raiding officer has not taken any photographs or video graphed at the time of seizure as per Ex.P1 wherein to corroborate the presence of the accused No.1 to 4 at the scene of occurrence.
23. PW4 being IO has not investigated about the source of cylinders for having illegally supplied cylinders and for refilling of gas.
24. The learned counsel for the accused persons has cross examined the PW4(IO) wherein she deposed that xxxx ಸದರಿ ಕೃತ್ಯ ನಡೆದ ಸ್ಥಳ ಆರೋಪಿತರಿಗೆ ಸೇರಿದ್ದು ಎಂದು ತನಿಖೆಯನ್ನು ಮಾಡಿರುತ್ತೇನೆ. ಅದಕ್ಕೆ ಸಂಬಂಧಪಟ್ಟಿರುವ ದಾಖಲಾತಿಗಳನ್ನು ಕೊಟ್ಟಿದ್ದೀರಾ ಎಂದರೆ, ಸಾಕ್ಷಿ ಕಡತವನ್ನು ಪರಿಶೀಲನೆ ಮಾಡಿದ ನಂತರ ಕೊಟ್ಟಿಲ್ಲ ಏನು ಉತ್ತರಿಸಿರುತ್ತಾರೆ.
Thus, it is clear that prosecution through PW4 has not produced any document to prove that the accused is connected with the shed situated adjacent to the place behind Shalini Bar, Seethappa Layout, R.T.Nagar, Bengaluru either as an owner or tenant.
25. PW4 has not investigated about the source of cylinders for having been in possession of accused persons at the time of alleged raid as shown in the photograph as per Ex.P3.
25 KABC030440092020 CC11129/202026. It appears from the records that one Sri Mohammed Suhail M/s Global Gas Agency filed application for interim release of 57 filled gas cylinders of total gas and 32 empty gas cylinders of total gas however this court has rejected by the order dated 25/02/2020 and such being the case, the PW4 (IO) has not investigated the role of Global Gas Agency with the accused persons or was he handed over the aforesaid filled and empty gas cylinders.
27. Last but not the least, the prosecution has not led any evidence to conclusively prove that the accused persons were selling the cylinders at the exorbitant price. No such customer was found or examined during the course of investigation. Even the neighbours of accused were not investigated to support the case of prosecution. Thus, as discussed above by taking into account factual discrepancies in the case made out by the prosecution, the accused No.1, 2 and 4 are entitled for benefit of doubt by an order of acquittal thereby the point No. 1 and 2 is answered in negative.
28. Point No.3:- For the foregoing discussion and the findings to the above point No.1 and 2, this court proceeds to pass the following:
26 KABC030440092020 CC11129/2020ORDER Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1, 2 and 4 are found not guilty and acquitted from the offences punishable under Section 285 of IPC, Section 3, 7(1)(a)(i) of Essential Commodities Act 1955 and Sections. 7, 3(1)(a), 3(B)(C), 6, 4(1)(A) Gas Supply Act-2000
(ii) Accused are set at liberty.
(iii) In view of Section 437-A of Cr.P.C their bail bonds shall be in force for 6 (six) months.
(iv) Office to keep this file against split up accused No.3.
(v) Ordered accordingly.
(Dictated to the stenographer, typed by steno, verified and corrected by me in my laptop, then the judgment pronounced by me in the open court, on this the 21 th day of February, 2025) (Deepa.V.), VIII Addl. Chief Judicial Magistrate, Bengaluru City.
27 KABC030440092020 CC11129/2020ANNEXURE Witnesses examined for the prosecution :
PW1 : Sri Chandrashekar @ Chandru/ HC PW2 : Sri Ganesh/Manager, KCSC Ltd PW3 : Sri Rajanna/HC PW4 : Smt.Premkumari/WPSI/IO PW5 : Jagadish/Informant Documents marked on behalf of the prosecution:
Ex.P1 : Seizure mahazar /PW1 Ex.P2-3 : Two photographs/PW1 Ex.P4 : Acknowledgment / PW2 Ex.P5 : Report/Complaint/PW4 Ex.P6 : FIR/PW4 Ex.P7 : Letter dtd 03-02-2020/PW4
Material Objects marked on behalf of the prosecution: Nil Witnesses examined for the defence: Nil Documents marked on behalf of the defence: Nil VIII Addl. Chief Judicial Magistrate, Bengaluru City.28 KABC030440092020 CC11129/2020
21-02-2025 Judgment pronounced in the open court vide separately ORDER Acting U/Sec.248(1) of the Cr.P.C.
(i) The accused No.1, 2 and 4 are found not guilty and acquitted from the offences punishable under Section 285 of IPC, Section 3, 7(1)(a)(i) of Essential Commodities Act 1955 and Sections. 7, 3(1)(a), 3(B)(C), 6, 4(1)(A) Gas Supply Act-2000
(ii) Accused are set at liberty.
(iii) In view of Section 437-A of Cr.P.C their bail bonds shall be in force for 6 (six) months.
(iv) Office to keep this file against split up accused No.3.
(v) Ordered accordingly.
VIII ACJM, B'luru City.
29