STATE OF GUJARAT Vs. DHAMA VASANBHAI VIRAD

JUDGEMENT

(1.) The appellant-State has questioned the legally and validity of the order of acquittal recorded on 24.2.1982 by the learned J.M.F.C. Gandhidham in Criminal Case No. 241 of 1981 by invoking the aid of the provisions of section 378 of Criminal Procedure Code (Code for short).

(2.) The respondents are the original accused persons who came to be charged for the offence punishable u/s. 7 read with section 11 of the Bombay Weights and Measures (Enforcement) Act 1958 (hereinafter referred to as the Act). According to the prosecution on 22.11.80 a surprise checking was made by the officer of the Indian Oil Corporation of an oil tanker bearing No. GTY 3863 and upon examination it was found that one Magan Ala was driving the said tanker and one Bhana was the cleaner. In otherwords accused no. 2 was the driver and accused no. 3 was the cleaner. The prosecution further alleged that the officer found that a false measuring rod known as Dip Rod was used. It was also found by the officer that a forged seal of the Weights and Measures Inspector was used. It was also found by the officer that a forged seal of the Weights and Measures Inspector was used. The rod is an important instrument in the whole machinery because that indicates the weight of the fluid carried in the lanker. The prosecution further alleged that the owner driver and the cleaner had criminal intention to cheat the Indian Oil Corporation. It was the case of the prosecution that the respondents who are the original accused persons were guilty for the offence u/s. 7 read with section 11 of the Act.

(3.) The Trial Court on assessment of the evidence on record reached to the conclusion that the Prosecution has failed to establish the guilt of the accused beyond reasonable doubt and consequently acquitted all the 3 accused persons of the said charges against them. Hence this acquittal appeal at the instance of the State.