Bangalore District Court
Girinagar Police Station vs Anand on 2 September, 2025
1
C.C.No.35347/2022
KABC030841212022
IN THE COURT OF THE XXXVII ADDL.CHIEF JUDICIAL
MAGISTRATE, BANGALORE CITY.
Dated this the 02nd day of September, 2025.
Present:Sri SYED ARFATH IBRAHIM M., B.A.L, L.L.B.,
XXXVII ACJM., BANGALORE.
C.C. No.35347/2022
JUDGMENT UNDER SEC.355 OF CR.P.C.,
Complainant : State by GIRINAGAR Police Station.
Vs/-
Accused : ANAND
S/O LATE CHIKKEGPUDA
AGE 38 YEARS
R/AT BHOOMIKA ENTERPRISES,
HOSAKEREHALLI, BSK 3rd STAGE
BENGALURU CITY- 560 085.
Date of offence : 26-08-2022.
Offences complained : U/s.285 of IPC & Sec.3(1)(a),3(1)
of (b)3(1)(c),7(1)(a),7(1)(b),4(1)(a),4(1)
(b),4(c),4(1)(d),3(2)(3)(4),7(1)(c) of
Liquified Petroleum Gas(Regulation
of Supply & Distribution) Order
2000.
Plea : Accused Pleaded not guilty
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Final Order : Accused Acquitted.
Date of Order : 02-09-2025.
*****
The Police-sub-Inspector, Giri nagar Police Station has filed
chargesheet against Accused for the offences punishable U/s.285
of IPC & Sec.3(1)(a),3(1)(b)3(1)(c),7(1)(a),7(1)(b),4(1)(a),4(1)
(b),4(c),4(1)(d),3(2)(3)(4),7(1)(c) of Liquified Petroleum
Gas(Regulation of Supply & Distribution) Order 2000.
2. The criminal law has been set into motion based on the
first information statement of Sri Deepak L.. The gist of the
prosecution case is that on 26-08-2022 at about 9.00 a.m., on
credible information, at 9.45 a.m. CW-1 conducted raid along with
his staff at the shop of accused by name Bhoomika Enterprises
situated at No.60/1, Kerekodi Main Road, Hosakerehalli, and found
accused possessed gas cylinders of various companies without
obtaining a valid license and the accused would refill small gas
cylinders without adhering to safety measures and with an
intention to make wrongful gain had illegally stocked gas cylinders.
Further it is alleged that the accused possessed gas cylinders
unauthorizedly and was negligently filling gas cylinders with
liquified petroleum gas and unauthorizedly selling LPG in the
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market and also accused was in possession of LPG equipments.
Based on the said information, a case in Cr.No.245/2022 came to
be registered against the accused persons.
3. After completion of the investigation, the P.S.I. of Giri
nagara P.S. has filed chargesheet against accused for the aforesaid
offences. On receipt of charge sheet, this court took cognizance of
the alleged offences. Pursuant to the issuance and service of
summons, accused entered appearance and were enlarged on bail.
The prosecution papers was furnished to the accused person as
required U/s.207 of Cr.P.C.
4. Before framing charge an opportunity of being heard was
provided to the accused and after hearing him and the
prosecution and as there was sufficient materials, Charge for the
aforesaid offences was framed and the same was read over to the
accused in the language known to him, to which, the accused
pleaded not guilty and claimed to be tried. The plea of the accused
was recorded. Thereafter, the matter was set down for prosecution
evidence.
5. In order to prove the charges, the prosecution has
examined 02 witnesses as PW-1 and PW-2 and got marked Ex.P.1
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C.C.No.35347/2022
to P.6 documents. The statement of Accused as contemplated U/s.
313 of Cr.P.C. is recorded. In which, the accused denied the
incriminating circumstances appeared against him. The accused
have not let in any oral or documentary evidence on his behalf.
6. I have heard the arguments of learned Sr.APP., for the
prosecution and learned counsel for the accused. Perused the
materials available on record.
7. The following points arise for my determination:-
1) Whether the prosecution proves beyond all
reasonable doubt that on 26-08-2022 at about 9.00
a.m., on credible information, at 9.45 a.m. CW-1
conducted raid along with his staff at the shop of
accused by name Bhoomika Enterprises situated at
No.60/1, Kerekodi Main Road, Hosakerehalli, and found
accused possessed gas cylinders of various companies
without obtaining a valid license and the accused
would refill small gas cylinders without adhering to
safety measures and with an intention to make
wrongful gain had illegally stocked gas cylinders and
was negligently filling gas cylinders with liquified
petroleum gas and unauthorizedly selling LPG in the
market and also accused was in possession of LPG
equipments thereby accused have committed the
offences punishable U/s.285 of IPC & Sec.3(1)(a),3(1)
(b)3(1)(c),7(1)(a),7(1)(b),4(1)(a),4(1)(b),4(c),4(1)(d),3(2)(3)
(4),7(1)(c) of Liquified Petroleum Gas(Regulation of
Supply & Distribution) Order 2000?
2) what order?
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C.C.No.35347/2022
8. My finding to the above points are as under:-
Point No.1 ........In the Negative.
Point No.2........ As per final order, for the following:
REASONS
9. POINT No.1 :- It is the fundamental principle of criminal
jurisprudence that the prosecution has to prove its case beyond
reasonable doubt. In order to bring home the guilt of the accused,
the prosecution has examined two witnesses as PW-1 and PW-2
and got marked Ex.P.1 to Ex.P6 documents. Ex.P1 is the first
information statement. Ex.P2 is spot mahzar. Ex.P.3 is the FIR.
Ex.P.4 is the property form. Ex.P.5 and 6 are letters.
10.CW-1 was examined as P.W.-1 Deepak Police Inspector,
Hennuru police station. He has deposed in his examination in chief
that on 26-08-2022 when he was on in station at 9-00 a.m.
received credible information that without obtaining any license
illegally accused stocked the domestic gas cylinders and gas
cylinders meant for commercial use and accused were filling the
gas to the small small cylinders and selling to the public. He visited
the shop Bhommika Enterprises situated at Kerekodi road,
Hosakerehalli along with CW2,3 and CW 4 to 7 at 9.30 a.m. and
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C.C.No.35347/2022
observed that accused were stocked the gas cylinders and he
conducted raid and he seized Item No.1 to 9 under seizure
mahazar. PW-1 further deposed that he took accused alongwith
seized items to the Girinagara P.S. and lodged complaint. He
identifies accused and the seized properties.
11. CW-8 was examined as PW-2 Manjunatha PSI. He has deposed
in his examination in chief that on 26-8-2022 CW-1 appeared in the
station with complaint, material objects and panchanama, he received
and registered a case in crime No.103/2022, and sent FIR to the court.
On the same day, he recorded statement of CW 2 to 7. He issued notice
to accused on 29-8-2022 after enquiry he released accused on bail and
after completion of investigation, he submitted chargesheet against the
accused.
12. From the evidence of the PW1 it is clear that the police
had arrested the accused alongwith the gas cyclinders and
equipments in the presence of the panchas. Mere on the evidence of
PW1 and PW2 who are police personals this court cannot hold the
accused guilty of the accused. Hence, the evidence of the panchas
is necessary to prove the arrest of the accused and also seizure
from the possession of the accused.
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C.C.No.35347/2022
13. In this case panchas are arrayed as CW2 and CW3.
They have not been examined by the prosecution. Hence, the
prosecution has failed to prove the important aspects of the
accused being arrested by CW1 and also the seizure of the gas
cylinders and other equipments from the possession of the accused
herein. Hence, in view of non examining of pancha witnesses this
court gives benefit of doubt to the accused and holds that the
prosecution has failed to prove its case beyond reasonable doubt.
Accordingly I answer Point No.1 in the negative.
14. POINT No.2:- For the foregoing reasons, I proceed to pass
the following;
ORDER
Acting Under Section 255(1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/s.285 of IPC & Sec.3(1)(a),3(1)(b)3(1)(c),7(1)(a),7(1)(b),4(1)(a),4(1)(b),4(c),4(1)
(d),3(2)(3)(4),7(1)(c) of Liquified Petroleum Gas(Regulation of Supply & Distribution) Order 2000. 8
C.C.No.35347/2022 The bail bond and surety bond of accused shall stands cancelled.
(Dictated to the Stenographer directly on the computer and print out taken by her is verified, corrected & then pronounced by me in the Open Court dated this the 02-09-2025).
( SYED ARFATH IBRAHIM M.) XXXVII ACJM., BENGALURU ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION:
PW-1 : Deepak .L. PW-2 : Manjunatha K.D.
LIST OF DOCUMENTS MARKED ON BEHALF OF THE PROSECUTION:
Ex.P.1 : Complaint
Ex.P.1a : Signature of PW1
Ex.P.2 : Mahazar.
Ex.P.2a,b : Signature of PW1, PW2
ExP.3 : FIR
Ex.P.3a : Signature of Pw2
Ex.P.4 : p.F.
Ex.P.4a : Signature of PW2
Ex.P.5 : Letter
Ex.P.5a : Signature of PW2
Ex.P.6 : Letter
Ex.P.6a : Signature of PW2
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C.C.No.35347/2022
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE PROSECUTION:
NIL LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENCE:
NIL LIST OF DOCUMENTS AND MATERIALS MARKED ON BEHALF OF THE DEFENCE .
NIL XXXVII ACJM., BANGALORE. 10 C.C.No.35347/2022 11 C.C.No.35347/2022 2-9--2025 Judgment. Judgment pronounced in open court (vide separately) ORDER Acting Under Section 255(1) of Cr.P.C., accused is hereby acquitted of the offences punishable U/s.285 of IPC & Sec.3(1)(a),3(1)(b)3(1)(c),7(1)
(a),7(1)(b),4(1)(a),4(1)(b),4(c),4(1) (d),3(2)(3)(4),7(1)
(c) of Liquified Petroleum Gas(Regulation of Supply & Distribution) Order 2000.
The bail bond and surety bond of accused shall stands cancelled.
XXXVII ACJM., B'lore.
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