STATE OF U.P (NOW STATE OF UTTARAKHAND) Vs. KHALIL AHMAD AND ANOTHER
LAWS(UTN)-2012-8-72
HIGH COURT OF UTTARAKHAND
Decided on August 29,2012

State Of U.P (Now State Of Uttarakhand) Appellant
VERSUS
Khalil Ahmad And Another Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 15.01.1999, passed by Learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 21 of 1992, whereby said court has acquitted the accused/respondents Khalil Ahmad and Hari Prasad Dhulia, from the charge of offences punishable under section 9B (1) (b) of Explosives Act, 1884, and one punishable under section 4(b) of Explosives Substances Act, 1908.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW2 Surya Mani, an employee of the Tehri Hydro Development Corporation (for short THDC) lodged First Information Report (Ex-A1) on 05.03.1991, at police station Tehri, alleging that on said date at about 11.15 a.m. the accused/respondent Khalil Ahmad came at the gate of THDC store on a motor cycle bearing registration no. UGO7615 with a sealed packet. He was entitled to carry 25 kgs of gelatin and 10 detonators but he was found in possession of 50 sticks of gelatin without gate pass. Finding that the gelatin in possession of Khalil Ahmad was in excess of the quantity, than what he was entitled to carry, the matter was reported to Company Commander L.D.Suman and Assistant Commander Shri D.S.Mehra (PW4). Accused Khalil Ahmad disclosed at the gate that the excess gelatin sticks were given to him by accused/respondent no.2 Hari Prasad Dhulia, the store keeper. On this, the van containing explosive was thoroughly checked in the presence of Deputy Manager Store, V.K.Badoni (PW1), and it was found that on 64 sticks of gelatin were in excess regarding which there was no entry in the register. Said van was under the charge of accused/respondent no.2 Hari Prasad Dhulia. Thereafter, the First Information Report, as mentioned above, was lodged at the Police Station and Head Constable Balwant Singh (PW7) prepared check report, and registered Crime No. 57 of 1991 against Khalil Ahmad and Hari Prasad Dhulia, in respect of offences punishable under section 4(b) Explosives Substances Act, 1908, and section 9B of Explosives Act, 1884. The investigation was initiated by PW8 S.L. Lavaniya and the same was later taken over by Inspector Ram Babu Singh (PW6), and finally concluded by PW5 K.S.Verma, who submitted charge sheet against the two accused/respondents after obtaining sanction from the District Magistrate. Also, report (Ex A-3) was obtained from chemical analyst regarding the substance allegedly found in possession of the accused.;


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