the state of gujarat/ m.p. jodiya, exe. magis., una vs dilip mohanbhai thakkar sindhi Advocate - Z.U.PATHAN — 444/2012

Summary of Criminal Case No. 444/2012 Court: Court of Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Una Judge: Jayesh Kumar Kabhaibhai Khant Judgment Date: 18/04/2026 Duration: 14 years, 22 days Decision The accused Dilipbhai Mohanbhai Thakkar and Shankardas Asandas Hemjani are acquitted of charges under Section 7 of the Essential Commodities Act, 1955, for alleged unauthorized possession of 1,235 liters of blue kerosene seized on 10/01/2012. Key Reasoning The court found fatal defects in the prosecution case: 1. Missing Control Order: The prosecution failed to produce the Control Order issued under Section 3 of the Essential Commodities Act—the statutory foundation required to prove violation. Despite witnesses admitting such an order existed and governed storage/use restrictions, it was never produced. 2. Hostile Panch Witnesses: All four independent panch witnesses turned hostile, denying presence at seizure and claiming signatures were taken on pre-prepared documents without their knowledge. 3. No Proof of Possession: No documentary evidence (ownership papers, municipal license, rent agreement) established that the accused owned or exclusively possessed the godown. 4. Incomplete Investigation: No ration cardholders were identified or investigated despite prosecution claims kerosene came from them; no scene panchnama was prepared; investigation relied solely on departmental papers. 5. Procedural Lapses: Investigating Officer admitted filing chargesheet based on assumptions rather than independent verification. The court held that absent the Control Order and with serious evidentiary gaps, reasonable doubt exists, entitling the accused to acquittal. This case analysis is maintained by casestatus.in based on publicly available court records.