TRILOCHAN JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Central Ordinance Depot (COD) and the Kabadi Bazarin Delhi Cantt. are separated by the Railway line and a ditch. The COD has a parimeter wall of 91/2 ft. high topped with barbed wires and is guarded at 12 posts. In spite of all this security, articles of stores started disappearing from the Depot.

(2.) On 30-1-1980 at about 9-20 hours Han Ram Stores Superintendent (P.W. 2) noticed a cut in the wire mesh in the Security Cage and yet another cut in the window of Garage No. 13. This indicated that on the preceding night, thieves effected their entry through window of Garage No. 13 and then they cut open the Security Cage Gate wire meshing which is inside Garage No. 13 and removed pump elements and injector nozzles. After stealing the articles, they packed them in gunny bags at the window and carried them on their person and scaled the West Gate near post No. 9. An FIR was lodged under section 380 Indian Penal Code with regard to this theft in the police station, Naraina at the instance of Col. 0. P. Bhatia, vide FIR No. 54/80. This case was reported as untraced on 20-10-1980, but later on passed on to Crime Branch on 24-11-1980.

(3.) Again, on the night between 15th and 16th September, 1980 thieves came through the gap of Railway Gate between post Nos. 7 and 8 and then went to Garage No. 13 and through the said cut in the window thereof went inside Security Cage Gate through the aforesaid cut therein and reached the Stores and took out articles there from. The theft was discovered by Sub. Chura Mani Bhatt (PW 4) on the next day. On 16-9-1980 during the combing operations of the area an injector nozzle was found between the Railway track underneath the Gate by Capt. B.K. Mathur (P.W. 19). Two cartons containing pump elements were found by Blacksmith Man Singh (P.W. 11) on 18-9- 1980 near the pillar of the Railway Gate. On that very day the articles were handed over to the CBI for lifting finger prints on them and for further-investigation. The FIR is RC 48/80 DU.