STATE OF HIMACHAL PRADESH Vs. LAL CHAND

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 25.6.1992 accused were put to trial. In terms of judgment dated 13.12.1999 passed by the learned Chief Judicial Magistrate, Sirmaur District at Nahan, H.P. in Cr. Case No. 17/2 of 1996/93, titled as State of Himachal Pradesh v. Lal Chand Aggarwal and Ors. accused stand acquitted of the charged offences.

(2.) It is the case of the prosecution that Lal Chand Aggarwal (accused No. 1), Bharat Bhushan Aggarwal (accused No. 2), Gian Chand Goel (accused No. 3) and Dinesh Goel (accused No. 4) were the Managing Director/Directors of M/s International Cylinders Private Limited (hereinafter referred to as the ?Company?). Kailash Chand Kohli (accused No. 5) was the Manager of the said Company. Harish Chand Batra (accused No. 6), who was based in Ambala, used to illegally purchase cylinders manufactured in the factory premises of the Company situated at Paonta Sahib, District Sirmaur, H.P. Accused hatched a criminal conspiracy of unauthorisedly manufacturing L.P.G. cylinders in an illegal manner and then mark them with fictitious and counterfeit mark. Thus concealing the fact that they were not manufactured as per the specifications of the Indian Standard Institute and dishonestly sell them as genuine cylinders. This was so done with dishonest intention of deriving monetary benefits and causing corresponding monetary loss to the consumers. The cylinders were illegally transported to Ambala (Haryana).

(3.) Accused No. 5 was working as a Manager in the Company of which accused No. 1 was the Managing Director and accused No. 2, 3 and 4 were the Directors. Company used to manufacture L.P.G. cylinders on behalf of Indian Oil Corporation. Material for manufacturing the cylinders was supplied by Indian Oil Corporation. Company was liable to pay Central Excise Tax on all supplies. Only upon payment of tax, officials would issue authenticated gate pass to enable the manufacturers to take the cylinders out of the factory premises. Sometime in the year 1992 police acquired information about the nefarious activities carried out by the accused. On 25.6.1992 SHO-Hardesh Bisht, Police Station, Paonta Sahib along with Dy. S.P. Brij Mohan Sharma and some other police officials conducted raids on the godowns of the Company at village Nariwala. Police party associated independent witnesses Sh. Harbhajan Singh (PW-1) and Sh. Shanti Ram before carrying out the raid. Sh. Ram Villas (PW-24) was found at the spot alongwith Sh. Vinod Kumar and driver Rajesh Kumar. Premises were taken on rent from Sh. Pritam Chand (PW-2). On the directions of accused No. 4, PW-24 had brought Sh. Vinod Kumar for the purposes of inspecting the cylinders. Raid was conducted and 721 cylinders were recovered from the premises. Some of the cylinders were painted and some were without valves. Some of the cylinders were engraved with the trade mark ?INCYL? and the others were engraved with the trade mark ?ECPL?. Police seized the cylinders vide recovery memos (Ext. PW 1/A and 1/B) which were signed by PW-1 and PW-2. Vinod Kumar and Rajesh Kumar were arrested at the spot and maruti van, which was used for transporting the cylinders was also taken into possession. S.H.O. sent ruka to Police Station, Paonta Sahib on the basis of which F.I.R. No. 133 of 1992 (Ext. PW 21/A), dated 25.6.1992 was registered by SI-Chatter Singh. Statements of the witnesses were recorded at the spot. On 27.6.1992 Sh. Ram Villas (PW-24) made a disclosure statement, in the presence of PW-1 and Sh. Shanti Ram, to the effect that he had also concealed 100 empty cylinders in the rented premises owned by Sh. Ram Kishan. There also police carried out raid and recovered 101 cylinders. On 30.7.1992 premises of the Company were inspected and trucks No. HPN-2388 and HP-17-3288 and one maruti van bearing No. HP-17-0409, used for transporting the cylinders, alongwith other documents were seized by the police. Investigation was partly conducted by Addl. S.P. Sh. G.D. Bhargav (PW-21) who recorded statements of the parties and also seized the dye used for manufacturing the cylinders. Police got the recovered cylinders examined from Forensic Science Laboratory, Bhararighat and obtained the report. Steel strips lying in the factory premises was also seized. Ram Villas (PW-24) moved an application for making statement in favour of the prosecution. He got his statement recorded before the Sub Divisional Judicial Magistrate, Court No. 1, Paonta Sahib, H.P. on 5.10.1994. Sh. Ram Villas turned as an approver which helped the prosecution in completing the investigation.