Research › Search › Judgment

Karnataka High Court · body

2000 DIGILAW 294 (KAR)

STATE BY NANDAGUDI POLICE v. NAGARAJA

2000-04-04

M.F.SALDANHA

body2000
SALDANHA, J. ( 1 ) THE facts of this case are of some seriousness in so far as it. concerns the familiar but extremely hazardous mal-practice of adulterating diesel with kerosene. It is alleged that the police had raided a place which was located in an eucalyptus grove near thavarekere village on the basis of reliable information that accused no. 1 Shankarappa and others were mixing diesel with kerosene. When they went there, they found 15 barrels of kerosene, 3 barrels of diesel and 22 empty barrels along with one plastic pipe, plastic funnel and one steel funnel. Accused No. 1 was arrested on the spot whereas the remaining persons ran away and were apprehended later on. Accused No. 2 is dead and hence the appeal abates and accused Nos. 3 and 4 were coolies against whom the present charge would hardly be sustainable. ( 2 ) THIS is a case of some seriousness because it involved breaches of several of the regulations relating to kerosene and diesel as also the Essential Commodities Act and having virtually caught the accused red handed, the police destroyed the entire case through one single act. The samples were required to be drawn and the whole case rests on this evidence particularly, the sample of the mixture which would have established the act of adulteration and secondly, even if that was not available, the preparation made by the accused for adulteration would have been sufficient to establish the offences. Everything has been virtually destroyed because the police drew the sample, mixed them up in one single bottle and sent them to the F. S. L. after which the relevant exhibits were also not produced at the trial. For want of evidence, the Trial Court acquitted the accused. ( 3 ) THE learned Addl. S. P. P. has done his very best to establish that both kerosene and diesel were brought to that place clandestinely and that the implements and the empty barrels clearly establish that the process of adulteration was either being commenced or that it was in progress. His submission is that even if the evidence relating to the samples were to go, a conviction is still sustainable. His submission is that even if the evidence relating to the samples were to go, a conviction is still sustainable. Unfortunately, thanks to the manner jn which the police themselves have sabotaged this case, no conviction is possible because the absence of the samples cannot establish before the court the identity of the liquids that were in the drums in question and consequently, there is no option except to confirm the order of acquittal. ( 4 ) THERE are several other infirmities, procedurally though important, becaus the samples have not been preserved, seals have not been produced and above all, there is unexplained delay. All these factors only worsen the case for the prosecution and despite the best efforts of the learned Addl. S. P. P. this is one more instance where the accused get the benefit of what the investigating agencies have done. It would be difficult in cases of this type to accept that the police were acting ignorantly and there is reason to believe there is more to it than that which meets the eye and that all this has happened only in order to assist the accused. Distressing as the situation is, on this record I have no option except to dismiss the appeal and confirm the order of acquittal. ( 5 ) BEFORE parting with the judgment, this Court needs to express horror at the dangerous nexus that exists between the anti-human racket of fuel adulteration and the enforcement agencies. In this case, as indicated earlier, the large scale adulteration of motor-fuel was in progress, the raid was conducted, the implements seized but the main culprits are supposed to have run away. Only some of the workers and coolies were apprehended along with some small fry and even there, the prosecuting agencies make such an unholy mess of the case that the Trial Court had to acquit the accused. The state Government, instead of taking corrective action by tightening up the enforcement of the laws and making an example of the officials who facilitated the failure of the prosecution has mechanically filed an appeal to the High Court on a record that is so hopeless that no Court could ever register a conviction. The state Government, instead of taking corrective action by tightening up the enforcement of the laws and making an example of the officials who facilitated the failure of the prosecution has mechanically filed an appeal to the High Court on a record that is so hopeless that no Court could ever register a conviction. ( 6 ) ACCORDING to the surveys done in the middle of the last year, the turn over of the fuel adulteration mafia in the State of Karnataka is of the order of Rs. 1. 4 Crores per day and this probably explains the total support that all the Government agencies are extending to these people. The first casualty of adulterated fuel is the human body and it is established that the gases emitted by the autorickshas and the trucks using adulterated fuel is 100% carcinogenic; the incidence of lung cancer has been rising at the rate of 11% per year and that of all other respiratory ailments at the rate of 25% per year. in order to curb this menace, I had directed that in keeping with the switch over in other parts of the country such as the city of Mumbai where over 500 of the buses and 40,000 of the city's taxis have been converted to a cleaner fuel namely gas, that the autos in this state should be converted to gas as it is more economical, cleaner and impossible to adulterate. Instead of implementing the order, the transport Dept. through the Transport Commissioner filed an appeal and got the direction set aside so that all these vehicles could continue to use adulterated fuel. Ironically enough, on the very same day as my order the Supreme Court issued an identical directive in delhi to convert to gas which was implemented within a period of thirty days as far as the three wheelers are concerned. The economic aspects apart, what is being totally overlooked is the irretrievable hazards that this pollution is causing. The George Foundation in bangalore has published the conclusions of a scientific survey done on the effects of vehicular pollution on childrens' brains and as indicated that very serious brain damage is resulting as far as young children are concerned and over 20% of this is irreparable. It is high time the State Government rectifies this dangerous state of affairs. --- *** --- .