STATE OF GUJARAT Vs. RAMESH DAYABHAI

JUDGEMENT

(1.) These two appeals by the State of Gujarat are directed against the impugned judgment and order dated 9-7-199l, rendered in two Criminal Cases Nos. 1149 / 82 and 1150/ 82, by the learned Chief Judicial Magistrate, Rajkot, wherein in one case the respondent-Ramesh Dayabhai and in another case Ramesh Dayabhai and three others, who came to be tried for the alleged offences punishable under Ss.17, 20(e) and 21(f) of the Forward Contracts (Regulation) Act, 1952 (for short-the Act) were at the end of the trial ordered to be acquitted.

(2.) It may be stated that since both these appeals arise out of the common facts constituting two separate offences, the common reasons for acquittal and identical questions of law arising therefrom, at the joint request and consent of the learned advocates for the parties, they are heard and decided together by this common judgment.

(3.) According to Mr. G.S. Raghuvanshi, PI, CID Crimes, when he was on duty on Forward Market Cell at Rajkot on 1-9-1981, he received an information that in Soni Bazar, Mandvi Chowk, one Patel Bhanu Parbat and others were illegally doing business of the Forward Contracts in gold and silver. On verifying the said information, the same was found to be correct and accordingly he alongwith other police personnel proceeded to the place where the alleged illegal business of Forward contract was going on. On reaching the spot and finding the respondents doing the alleged illegal business, they were immediately rounded up and thereafter in presence of Panchas on searching respondents, one note book and some slips as mention in the Panchnama were recovered and seized. Thereafter the Muddamal slips in question were forwarded in a sealed condition to the Forward Market Commission at Bombay for examination and its expert report. Ultimately, on receipt of the same, the respondents came to be prosecuted for the alleged offences under Ss. 17, 20(e) and 21(f) of the Act by filing two separate cases as stated above in para 1 of this judgment.