STATE OF GUJARAT Vs. SHIVAJI VANAJI MARVADI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 16. 7. 1990 passed by the learned Special Judge, Ahmedabad in Special Case No. 83 of 1989 whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under: a drive to catch hold of rickshaws playing with kerosene as fuel was arranged at the S. T. Traffic circle from 9:00 a. m. on 2nd June 1989. the traffic party consisted of then Traffic Police Inspector and other subordinate Police Officer. The accused had come with auto rickshaw bearing R. T. O. Registration No. GRS 290, upon preliminary examination,it was found that the fuel was adultererd with kerosene. Therefore they seized the auto rickshaw.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him.