STATE Vs. NAGARAJA

JUDGEMENT

(1.) THE facts of this case are of some seriousness in so far as it. concerns the familiar but extremely hazardous mal-practice of adulterating diesel with kerosene. It is alleged that the police had raided a place which was located in an eucalyptus grove near thavarekere village on the basis of reliable information that accused no. 1 Shankarappa and others were mixing diesel with kerosene. When they went there, they found 15 barrels of kerosene, 3 barrels of diesel and 22 empty barrels along with one plastic pipe, plastic funnel and one steel funnel. Accused No. 1 was arrested on the spot whereas the remaining persons ran away and were apprehended later on. Accused No. 2 is dead and hence the appeal abates and accused Nos. 3 and 4 were coolies against whom the present charge would hardly be sustainable.

(2.) THIS is a case of some seriousness because it involved breaches of several of the regulations relating to kerosene and diesel as also the Essential Commodities Act and having virtually caught the accused red handed, the police destroyed the entire case through one single act. The samples were required to be drawn and the whole case rests on this evidence particularly, the sample of the mixture which would have established the act of adulteration and secondly, even if that was not available, the preparation made by the accused for adulteration would have been sufficient to establish the offences. Everything has been virtually destroyed because the police drew the sample, mixed them up in one single bottle and sent them to the F. S. L. after which the relevant exhibits were also not produced at the trial. For want of evidence, the Trial Court acquitted the accused.

(3.) THE learned Addl. S. P. P. has done his very best to establish that both kerosene and diesel were brought to that place clandestinely and that the implements and the empty barrels clearly establish that the process of adulteration was either being commenced or that it was in progress. His submission is that even if the evidence relating to the samples were to go, a conviction is still sustainable. Unfortunately, thanks to the manner jn which the police themselves have sabotaged this case, no conviction is possible because the absence of the samples cannot establish before the court the identity of the liquids that were in the drums in question and consequently, there is no option except to confirm the order of acquittal.