SUKPALSINGH PHULSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present applicant has preferred this application for regular bail under Sec. 439 of Code of Criminal Procedure in connection with First Information Report being C.R.No.I -171 of 2017 registered with Navsari Rural police station for the offences punishable under Sections 278,284, 304 and 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 10.9.2017 driver of the truck bearing registration No.GJ- 17 -Y- 4777 and two other labourers carried waste hazardous chemical and unloaded the same at S.S.B. Bricks Furnace at Vesma Chokhadgam, Taluka: Jalalpore, District: Navsari. Certain poisonous substance emanated from the brick furnace, as a result of which, the driver scummed to the poisonous effect and the present applicant and other labourer Pradeep were badly affected on account of the same. Present applicant and the co labourer both were admitted to the hospital and were later on discharged to be arraigned as accused and arrested.

(3.) Learned advocate for the applicant urges that had the applicant known about the hazardous nature of the chemical, they would not have carried, as they themselves were risking their lives. The applicant and his colleague both were taken to the hospital. The medical certificate to that effect must have been collected by the Investigating Officer.