AMIT PRAVINDAN GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 351 of the Code of Criminal Procedure, 1973 against the order of conviction dtd. 27/3/2024 rendered by learned 9thAdditional Sessions Judge, Vadodara in Sessions Case No.134 of 2018.

(2.) The short facts giving rise to the present appeal are that at present, the appellant is serving as Police Inspector at Chhani Police Station, Vadodara. It is the case of the prosecution that on 20/3/2024, a notice below Exh.33 was issued to the Police Inspector, Chhani Police Station by the learned 9thAdditional District and Sessions Judge, Vadodara in a sessions trial in Sessions Case No.134 of 2018 arising out of the FIR being CR I - No.14 of 2004 registered with Chhani Police Station, Vadodara for the offences punishable under Sec. 379, 120-B and 114 of the Indian Penal code, 1860 to show cause as to why action may not be taken against the appellant under Sec. 349 of the Code of Criminal Procedure for not producing the muddamal in the said sessions trial.

(3.) In pursuance of the said notice, the appellant sent a report on 21/3/2024 to the learned trial Court stating that a sample from the muddamal consisting of 200 liters of inflammable substance was sent for FSL examination after which the same was stored in the police station and as 20 years have passed, within which period the said police station was renovated for 3 - 4 times, the said muddamal has been kept somewhere and is not traceable and thus, the same cannot be produced.