✦ Bombay High Court · 25 Nov 2010

Cri.Appln. 4983..2010 v. Shri. Bharat Mishrimal Jain & Anr.

Criminal Application No. 4983 of 2010R P SONDURBALDOTA2 min read

Case at a glance

Outcome

Dismissed

Hence, application is dismissed

Key paragraphs

  • Para 33. The learned trial Judge held that there was no material whatsoever brought on record except of drawing suspicion against respondent no.1 and acquitted him of the offence charged against him. Mr. More, the learned counsel for the applicant submitted vehemently that the action of…

Judgment

Shri. Bharat Mishrimal Jain and Anr. ... Respondents * * * * * Mr. Deepak More with Mr. Dilip Shinde, Advocate for the applicant. Mrs. M.M. Deshmukh, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : NOVEMBER 25, 2010. P.C.

1.

This Criminal Application is filed by Pimpri Chinchwad Municipal Corporation for leave to appeal from the Judgment and order dated 6th July, 2010 passed by the Judicial Magistrate, First, Class, Pimpri Chinchwad Municipal Court, Akurdi, Pune acquitting respondent no.1 * 2 * Cri. Appln. 4983..2010 25.11.2010 herein from the offences punishable under Section 255(2) of the Bombay Provincial Municipal Corporation Act, 1949.

2.

The brief facts of the case are that on 26th October, 2002 at about

9.30 a.m. the complainant Raju Ghule, Octroi Inspector of Pimpri Chinchwad Municipal Corporation was posted as a Member of Flying squad of Octroi within the vicinity of Akurdi Railway Station. At 9.30 a.m. respondent no.1 Bharat Jain alighted from a train coming from Mumbai. The complainant accosted him and demanded to show the contents of his bag. The bag being carried by respondent no.1 contained silver ornaments weighing 12 kg and 763 gms. Respondent no.1 was unable to produce receipt for the same. He, however, stated that he was carrying the ornaments for delivery and sale in the territory of Pimpri Chinchwad. He also admitted that he had not paid octroi for the silver ornaments. In his statement under Section 313 of Cr.P.C. however, respondent no.1 stated that he was to proceed to Nigdi after alighting from the train at Akurdi for payment of octroi as the octroi check post is located at Nigdi. The complainant however, without even trying to verify whether respondent no.1 intended to pay octroi took him to the office of the Pimpri Chinchwad Municipal Corporation and seized the silver ornaments and filed proceedings against him. * 3 * Cri. Appln. 4983..2010 25.11.2010

Operative part

3.

The learned trial Judge held that there was no material whatsoever brought on record except of drawing suspicion against respondent no.1 and acquitted him of the offence charged against him. Mr. More, the learned counsel for the applicant submitted vehemently that the action of the complainant could not have been discarded as action based merely on suspicion by the trial court as respondent no.1 had failed to provide any bills for the silver ornaments. The production of the bills for the silver ornaments, in the facts and circumstances of the case will not be of much relevance as the complainant had already got the ornaments valued at Rs.1,02,104/-. Since respondent no.1 had neither refused to pay the octroi nor was any inability expressed by him, the trial court has rightly acquitted respondent no.1 of the offences charged against him. The applicant has made out no case whatsoever for grant of leave to appeal against acquittal. Hence, application is dismissed.

(SMT. R.P. SONDURBALDOTA,J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Hence, application is dismissed

Which statutory provisions did this judgment involve?

Bombay Provincial Municipal Corporation Act, 1949 — s. 255(2); Code of Criminal Procedure, 1973 — s. 313.

Which court decided this case, and when?

Bombay High Court, on 25 Nov 2010. The bench was R P SONDURBALDOTA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Criminal Application No. 4983 of 2010). ← Search more judgments