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| Court acquits alleged black-marketer as prosecution fails to prove charges | | |
Jammu, Oct 18
Chief Judicial Magistrate Jammu Sanjay Dhar has acquitted Manjeet Singh son of Kaka Singh resident of Malakpur, RS Pura who was facing trail for allegedly stocking 13 barrels of kerosene for the purpose of selling in black marketing.
After going through the evidence on record and hearing the argument from both the sides, the court observed that the prosecution has not only failed to prove beyond reasonable doubt the recovery of kerosene oil from the possession of the accused but even the contravention of any notification by the accused has been established.
The evidence on record is contradictory and full of discrepancies besides being biased which cannot, therefore, be relied upon to bring home the guilt of the accused, the court observed adding the charges against the accused are not proved and he is accordingly acquitted of the charge.
As per the prosecution case, on 2.9.2002, police while on patrolling duty received information from reliable sources that accused is stocking Kerosene oil without any licence in order to sell the same to customers.
On the basis of this information police raided the premises of accused and recovered 13 barrels containing 2600 liters of Kerosene oil from the compound belonging to accused. That accused could not produce licence in respect of stocking the said quantity of kerosene oil. FIR No. 78/02 for offences u/s 3/7 Essential Commodities Act was registered and the investigation of the case was started.
During Investigation of the case the recovered kerosene oil was seized and its sample was sent to FSL for chemical examination. After investigation of the case offences u/s 3/7 Essential Commodities Act were found proved against the accused and the present charge sheet was filed.
Upon appearance of accused before the Court, charge for offences u/s 3/7 Essential commodities Act was framed against him and his plea was recorded. Accused denied the charges and claimed to be tried.
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