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A Unique ID No. of the Criminal Case No. 11379/16 case B Name of the Sh. Rambir Singh complainant C Name of the accused & Rajesh Narang his parentage and S/o Sh. Prem Nath Narang address R/o X-934, Chand Mohalla, Gandhi Nagar, Delhi D Offence Complained of U/s 9B 113 IPC E Date of commission of 27.09.2004 offence.

    F Date of Institution         05.07.2007
    G Offence Charged             9B Explosives Act
    H Plea of the accused         Pleaded not Guilty
     I Order Reserved on          20.08.2008
        Date of Pronouncement 28.08.2008
    K Final Order                 Acquittal

BRIEF STATEMENT OF THE REASONS FOR THE DECISION PROSECUTION'S CASE 1 The case of the prosecution is that on 27.09.2004 at about 3.00 Pm at X-934, First Floor, Chand Mohalla, Gandhi Nagar accused Rajesh Narang was found storing/packing throw away bombs which were defined as explosives. He was also find in possession of 400 packets FIR 338/04  State Vs.  Rajesh Narang  1/8 of bombs, besides 59 plastic bags which also contained throw away bombs, one plastic bag containing 120 sutli bombs, one bag containing 78 packets of throw away bombs each packet containing 90 throw away bombs and two plastic bags containing packing materials and as per CFSL report the bombs were manufactured fire works under the Explosives Act. Thereby he is alleged to have committed offence u/s 9B Explosives Act and violation of Rule 113 of Explosives Rules.

2 On the basis of these allegations and the Rukka (Ex. PW2/A) present FIR No. 338/04 (Ex. PW1/A) PS Gandhi Nagar under section 9B Explosives Act and Rule 113 Explosives Rules was lodged on 27.09.2004.

CHARGE 3 After investigation, charge-sheet under section 173 Cr. P.C was filed on 05.07.2007.

4 On the basis of the charge-sheet and after compliance of Sec.207 Cr.P.C., a charge for the offence punishable under section 9B Explosives Act was framed against accused Rajesh Narang and read out to him to which he pleaded not guilty and claimed trial on 03.06.2008.

DEFENCE EVIDENCE OF ACCUSED 19 Accused did not examine any witness in his defence . 20 Final argument have been heard. Record carefully perused.

Judicial Resolutions 21 It is a settled proposition of criminal law that prosecution is supposed to prove its case on the judicial file by leading cogent, convincing reliable and trustworthy evidence beyond reasonable doubts. The case of prosecution has to fall or stand on its own legs and it cannot drive any benefit from the weakness if any, in the defence of the accused. It is not for the accused to disprove the case of the prosecution and onus to prove the case against the accused beyond reasonable doubts never shifts and it always remains on the FIR 338/04  State Vs.  Rajesh Narang  5/8 prosecution. Further, benefit of doubt in the prosecution story always goes to the accused and it entitles the accused to acquittal. 22 Sec. 9B of the Explosives Act,1884 punishes the possesion, use, sale or transport of any explosives without license or in contravention of conditions of license granted.