Delhi District Court
State vs . Rakesh Kumar on 3 December, 2010
IN THE COURT OF SH. M. P. SINGH: METROPOLITAN
MAGISTRATE-02/WEST DELHI
STATE Vs. Rakesh Kumar
FIR No. : 520/2000
U/SEC : 9B Explosive Act
PS : Hari Nagar Delhi
Unique Case ID No.: 02401R0264372001
JUDGMENT
Serial no. of the case 388/III/01
Date of commission of offence '08.10.2000
Date of institution of the case '21.03.2001
Name of the complainant SI Ramphal
Name of accused, parentage &Rakesh Kumar s/o Sh. Kashmari Lal
address Sharma r/o WZ-279, Gali No. 16, Shiv
Nagar, Delhi
Offence complained of or proved Sections 9B Explosive Act Plea of the accused Pleaded not guilty Date of arguments '03.12.2010 Final order Convicted Date of Judgment '03.12.2010
1. The case of the prosecution is as follows: On 08.10.2000 at about 07:35 PM at Shop No.4, Gali No.16, Shiv Nagar, Delhi the accused was found selling crackers by Ct. Hukminder and SI Ramphal without any permit or license as required by section 5 of the Explosives Act, 1884. It is on these allegations that the accused has been sent up to face trial for the offence under section 9B of the Explosives Act.
2. After the usual investigation, chargesheet was filed against the accused on 21.03.2001. Copies were supplied to the accused. And subsequent to the compliance with the provision of Section 207 of CrPC, notice for the offences punishable under Section 9B Explosives Act was served upon the accused on 01.03.2002 to which he pleaded not guilty and claimed trial.
3. After framing of notice, the matter was posted for prosecution evidence. During the course of prosecution evidence, the prosecution got examined four witnesses. After the conclusion of prosecution evidence, statement of the accused under section 313 CrPC was recorded wherein the accused denied the allegations. Accused did not wish to lead defence evidence.
4. In the case at hand, PW1 HC Bhagwan Singh being MHC(M) is only a formal witness. He has deposed to the effect that the case property was deposited in the malkhana of the police station Hari Nagar by SI Ramphal. PW2 ASI Sita Ram a duty officer was only a formal witness.
5. The material witnesses of the prosecution are PW3 Ct. Hukminder and PW4 Insp. Ramphal. PW3 Ct. Hukminder in his evidence stated that on 08.10.2000 when he alongwith SI Ramphal were on patrolling duty, they received a secret information to the effect that the accused was selling diwali fire cracker in his shop. It has further come in his evidence that on this secret information a raiding party was constituted and reached the shop of the accused where he was found selling diwali fire crackers without any license. It is further come in his evidence that two sacks of crackers were recovered from his shop and the same was sealed. This witness was not cross examined. Asa such the testimony of this witness was remained unchallenged and unrebutted. PW4 SI Ramphal has also deposed along the same line as that of PW3 Ct. Hukminder. In addition to the evidence of PW3 Ct. Hukminder he testified that on that day they were on patrolling duty in the Hari Nagar area and it was on secret information that the accused was apprehended while he was selling the fire crackers. He inter alia testified that the accused could not produced the license on being asked to do so. This witness was cross examined by the defence. However, there is nothing in the cross examination of PW4 SI Ramphal that detracts from the case of prosecution.
6. From the testimonies of the prosecution witnesses particularly PW3 Ct. Hukminder and PW4 Inspector Ramphal it stands proved beyond reasonable doubt that the accused was selling fire cracker without any license or permit in contravention of section 5 of the Explosives Act 1884 which is punishable under section 9B of the Explosives Act. During the course of trial also the accused could not produce any license or any permit.
7. In view of the foregoing discussion, the accused is convicted of the offences under section 9B Explosives Act. Let he be heard on the point of sentence.
ANNOUNCED IN THE OPEN COURT M. P. SINGH
rd
ON 03 December, 2010 METROPOLITAN MAGISTRATE
DELHI