Document Fragment View
Fragment Information
Showing contexts for: fire crackers in State vs . : Prashant on 25 January, 2019Matching Fragments
1. Briefly stated, accused Prashant has been sent to face trial with the allegations that on 14/10/2011 at 05:30 p.m. at shop no. 6, K.L. Gupta Complex, New Rohtak Road, Sarai Rohilla, Delhi accused was found in possession of fire crackers weighing around 1185 kgs without carrying the requisite license prescribed under the Explosive Act 1884 and thereby committed offences punishable under Section 9B of the Act and Section 286 of Indian Penal Code (IPC).
2. Upon completion of investigation, charge sheet U/s 173 Cr.P.C. was filed on FIR No. 269/11 State Vs Prashant 1/7 behalf of the Investigating officer and the accused was consequently summoned. After supplying of copies, a formal notice U/sec. 251 Cr.PC for commission of offence U/s 286 IPC & Section 9 of Explosives Act, 1884 was framed against the accused to which he pleaded not guilty and claimed trial.
9. PW6 Insp. Sukram Pal has deposed about investigation conducted by him. He deposed that on 14/10/2011 on receiving secret information, one raiding party was constituted consisting of himself and other police officials. That they went to the spot by car and reached at the spot i.e. Gupta Complex New Rohtak Road Sarai Rohilla at about 05:15 p.m. That he requested passerby to join investigation but they refused. That they entered in the shop and found accused sitting in the shop. That they asked him to produce license of the fire crackers but he failed to produce the same. That he counted the cartons found in the shop and seized 65 cartons vide memo Ex. PW2/A. That he weighted the case property. The receipt of the same being Ex. PW1/A. He further deposed about preparation of rukka, registration of FIR, DD no. 27 & DD no. 16 being Ex. PW6/A & Ex. PW6/B, arrest and personal search of accused vide memo Ex. PW6/C & Ex. PW6/D. That the case property was deposited in malkhana and on the next day in Kataria Farm House. That he wrote an application to the Dy. Chief Controller, Explosive North Circle Faridabad Ex. PW6/E for sample of fire crackers. That thereafter, the further investigation was marked to another IO.
FIR No. 269/11 State Vs Prashant 3/7 During crossexamination he deposed that there was a complex at the spot. Further he do not remember the number of floors in that complex and the shop in question was situated at ground floor. Further fire crackers were kept inside the shop openly in the cartons and polybags. He denied that suggestion that no photograph were clicked as the case property was not recovered from the accused. Further that there was no public witness at the spot that is why none of the witness in the chargesheet is a public witness.
12. I have heard the arguments as advanced by the Ld. APP for the State, Ld defence counsel and perused the record.
13. The case of the prosecution is that the accused was possessing 1185 kg. of fire crackers (explosives substance) at Shop no. 6, K.L. Gupta Complex New Rohtak Road without obtaining prescribed license from the competent authority under the Explosives Substance Act, 1884 and was holding the same in contravention of Explosives Substance Rules, 2008.
14. In order to prove the recovery of crackers in such huge quantity, prosecution has relied upon testimonies of PW2 ASI Rohtash, PW4 Rishi Kumar, PW5 HC Parveen and PW6 IO Insp. Sukhram Pal.