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

Case under Indian Penal Code Section 114. Disposed: Contested--JUDGMENT BY ACQUITTAL on 18th April 2026.

Case disposed

CC - CRIMINAL CASE

CNR: GJGS040012822012

Filing Number

444/2012

Filing Date

27-Mar-2012

Registration No

444/2012

Registration Date

27-Mar-2012

Court

TALUKA COURT, UNA

Judge

7-Principal Senior CIVIL Judge & Addl. CJM

Decision Date

18-Apr-2026

Nature of Disposal

Contested--JUDGMENT BY ACQUITTAL

Last updated 07-Jun-2026

FIR Details

FIR Number

II 3047

Police Station

UNA POLICE STATION - GIR SOMNATH DISTRICT

Year

2012

Acts & Sections

Indian Penal Code Section 114
Essential Commoditites Act, 1955 Section 3,7

Petitioner(s)

  1. 1.the state of gujarat/ m.p. jodiya, exe. magis., una

    Adv. APP

Respondent(s)

  1. 1.dilip mohanbhai thakkar sindhi Advocate - Z.U.PATHAN

  2. 2.shankarlal aashandas hemjani

    Adv. Z.U.PATHAN

Case History

  1. Case disposedDisposed

  2. 18-Apr-2026

    JudegementView PDF

    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.

  3. 18-Apr-2026

    Disposed

    Principal Senior CIVIL Judge & Addl. CJM

  4. 09-Apr-2026

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  5. 13-Mar-2026

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  6. 28-Feb-2026

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  7. 13-Feb-2026

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  8. 19-Jan-2026

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  9. 08-Dec-2025

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  10. 10-Nov-2025

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  11. 08-Oct-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  12. 26-Sep-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  13. 10-Sep-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  14. 19-Aug-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  15. 17-Jul-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  16. 16-Jun-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  17. 05-May-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  18. 15-Apr-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  19. 06-Mar-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  20. 20-Jan-2025

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  21. 22-Nov-2024

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  22. 27-Sep-2024

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  23. 06-Aug-2024

    For Argument of first party

    Principal Senior CIVIL Judge & Addl. CJM

  24. 11-Jun-2024

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  25. 01-May-2024

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  26. 28-Mar-2024

    For Argument of Second party

    Principal Senior CIVIL Judge & Addl. CJM

  27. 20-Feb-2024

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  28. 24-Jan-2024

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  29. 18-Dec-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  30. 22-Nov-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  31. 16-Oct-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  32. 08-Sep-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  33. 21-Aug-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  34. 21-Jul-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  35. 20-Jun-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  36. 22-May-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  37. 07-Apr-2023

    Judgement

    Principal Senior CIVIL Judge & Addl. CJM

  38. 10-Mar-2023

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  39. 10-Feb-2023

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  40. 10-Jan-2023

    Final Arguments

    Principal Senior CIVIL Judge & Addl. CJM

  41. 23-Dec-2022

    Further Statement

    Principal Senior CIVIL Judge & Addl. CJM

  42. 18-Nov-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  43. 23-Sep-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  44. 06-Aug-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  45. 05-Jul-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  46. 08-Jun-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  47. 22-Apr-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  48. 08-Mar-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  49. 05-Feb-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  50. 13-Jan-2022

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  51. 13-Dec-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  52. 22-Nov-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  53. 04-Oct-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  54. 31-Aug-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  55. 14-Jul-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  56. 13-May-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  57. 22-Mar-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  58. 25-Jan-2021

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  59. 26-Nov-2020

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  60. 23-Sep-2020

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  61. 28-Jul-2020

    Evidence Of Prosecution

    Principal Senior CIVIL Judge & Addl. CJM

  62. 09-Jun-2020

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  63. 18-Apr-2020

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  64. 11-Feb-2020

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  65. 17-Dec-2019

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  66. 17-Oct-2019

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  67. 14-Aug-2019

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  68. 01-Jul-2019

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  69. 22-May-2019

    Evidence Of Prosecution

    Addl. Sr. CIVIL Judge & A.C.J.M.

  70. 04-Apr-2019

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  71. 15-Feb-2019

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  72. 23-Jan-2019

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  73. 10-Dec-2018

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  74. 26-Oct-2018

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  75. 25-Sep-2018

    Evidence Of Prosecution

    Addi CIVIL Judge & J.M.F.C

  76. 09-Aug-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  77. 30-Jul-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  78. 20-Jul-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  79. 29-Jun-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  80. 16-May-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  81. 01-May-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  82. 14-Mar-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  83. 17-Feb-2018

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  84. 29-Dec-2017

    Process To Accused

    Addi CIVIL Judge & J.M.F.C

  85. 18-Aug-2017

    First hearing

    Initial hearing scheduled

  86. 27-Mar-2012

    Case filed

    Registration No. 444/2012

casestatus.in Summary

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.

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