LAWS(MAD)-2022-11-224

RAVI Vs. INSPECTOR OF POLICE, MOLASI POLICE STATION

Decided On November 15, 2022
RAVI Appellant
V/S
Inspector Of Police, Molasi Police Station Respondents

JUDGEMENT

(1.) The petitioner is the 2nd accused facing trial in C.C.No.152 of 2016 on the file of the Judicial Magistrate, Thiruchengodu for offence under Sec. 9 (B) (1-b) of the Explosive Substances Act, 1884.

(2.) The suo motu First Information Report by Mr.Paulraj, the Special Sub-Inspector of Police (SSI), Molasi, came to be registered on 08/07/2015 at 10.30 a.m. which states that based on information that illegal poaching of fish using explosive is carried on the river side behind the Muniappan Temple, the team of Police led by the Special Sub Inspector went to the spot for patrolling. On seeing the Police team, two persons tried to flee away from the place. The patrol team surrounded them and apprehended. On enquiry, they confessed that they are engaged in poaching of fish using explosive cartridges Celari-11 (SUN 90), ED -10 and OD-3 , without using traditional nets. From them, the explosives were recovered at 09.00 hours under mahazar witnessed by K.Periyasami and K.Kamaraj, both Senior Grade Police Constables from the patrol team.

(3.) The investigation taken up by the said Special Sub Inspector, who registered the case. On completion of investigation, Final Report filed against these two persons and the same was taken on file by the Judicial Magistrate, Thiruchengodu. The annexure to the Final Report indicates the prosecution has proposed to examine 5 witnesses, which includes the Special Sub Inspector, who is the informant as well the Investigation Officer, the two Senior Grade-I, Police Constables of the patrol team, who signed the Seizure Mahazar and the two independent witnesses for the preparation of Observation Mahazar.