Excelsior Correspondent
JAMMU, July 22: The court of Chief Judicial Magistrate, Jammu Amarjeet Singh Langeh, dismissed the challan and acquitted the accused in a case arising out of FIR no. 163/2006 for offence under section 3/7 of Essential Commodities Act titled “State Vs. Gurdeep Singh & Anr”.
Initially, there were two accused in the case and one of them expired during pendency of trial. Allegations against accused were that they purchased kerosene oil illegally from a dealer and were filling the same in fuel box of a truck owned by accused Gurdeep Singh in Camp Gole Gujral area on 27.07.2006.
“There is no evidence worth the name that accused ever procured kerosene oil illegally against provisions of Essential Commodities Act and were filling the same in the fuel box of truck in question,” said the court, adding “the testimony of Investigating Officer alone on facts therefore is of no avail to prosecution case and noose of conviction cannot be tightened around accused where seizure of kerosene oil and truck in question could not be proved.”
Holding that prosecution has badly failed to prove its case against accused for offence under section 3/7 of Essential Commodities Act by leading reliable, cogent and trustworthy evidence, court dismissed the challan and acquitted the accused.
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