LAZZA DAVI Vs. STATE OF U P

JUDGEMENT

(1.) THE instant revision is directed against the order dated 16.9.2014 passed by the Chief Judicial Magistrate, Gautam Budh Nagar in case crime no.363 of 2013 and case crime no.367 of 2013, State Vs. Sohanlal, under sections 284, 288, 304 -A, 304, IPC and sections 8/11/12 of U.P. Molasses Control Act, 1964, P.S. Jawer, District Gautam Budh Nagar, whereby application of the revisionists for removing seal from their premises was rejected.

(2.) IN order to appreciate the question involved in the present revision, I would like to place on record briefly facts, which gave rise to the present revision.

(3.) ON 8.10.13 at 10.05 a.m. Nagendra gave a written report at P.S. Javer stating therein that Sohanlal Tayal and his sons are maintaining molasses and Tobacco godown in village Modelpur @ Sadalpur near Banjara Basti. Due to faulty egress and ingress the underground tank is filled of gas and poisonous molasses. Yesterday Chandra Pal Sharma was asked to enter the underground tank, who died therein. Today at 8.00 a.m. sons of Sohanlal fully knowing the danger to human life lured his uncle Banwari Singh to enter the tank and bring out the dead body of Chandra Pal. His uncle also died in the tank. The first informant requested to take suitable action against Sohan Lal and his sons. On this written report, FIR was scribed and case crime no.363/2013, under sections 284, 288, 304A, IPC was registered. Thereafter, on 12.10.2013 at 3.30 p.m. at the same police station Tulsi Ram Vaishyo, Excise Inspector, Sector 3, Gautam Budh Nagar gave a written report stating therein that on the basis of first information report lodged by Nagendra, he went with his staff to the spot and with the help of S.I. Virendra Singh after unlocking the door of godown, he found that accused Sohanlal Tayal is manufacturing tobacco used in hukka with the help of molasses. He has taken three samples thereof, storage of molasses and manufacturing tobacco therefrom is in violation of provisions contained in section 8 of U.P. Molasses Control Act, 1964 punishable under sections 11 and 12 of the Act. He has requested to register a case under the said sections along with provisions of Uttar Pradesh Gangsters and Anti -Social Activities (Prevention) Act, 1986. He has further requested to seal the godown to avoid repetition of similar untoward incident. On this written report FIR was scribed and case crime no.367/2013, under sections 8/11/12 of U.P. Molasses Control Act, 1964 was registered and investigation started.