1 cra4823.10 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 4823 OF 2010 Shri. Rajiv Maruti Ghule ... Applicant Versus Shri. Kamlesh Ladulal Jain and Anr. ... Respondents Mr. Deepak More, Advocate for the applicant. Mr. A.A. Mane, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : NOVEMBER 15, 2010 P.C. 1. This Criminal Application is filed by Pimpri Chinchwad Municipal Corporation for leave to appeal from the Judgment and order dated 6th July, 2010 passed by the Judicial Magistrate, First, Class, Pimpri Chinchwad Municipal Court, Akurdi, Pune acquitting the respondents herein from the offences punishable under Section 255(2) of the Bombay Provincial Municipal Corporation Act, 1949. 2. The brief facts of the case are that on 26th October, 2002 at about 9.30 a.m. the complainant Raju Ghule, Octroi Inspector of 2 cra4823.10 Pimpri Chinchwad Municipal Corporation was posted as a Member of Flying squad of Octroi within the vicinity of Akurdi Railway Station. At 9.30 a.m. respondent Kamlesh Jain alighted from a train coming from Mumbai. The complainant accosted him and demanded to show the contents of his bag. The bag being carried by the respondent contained gold articles weighing 525 gms. The respondent was unable to produce receipt for the same. He, however, stated that he was carrying the articles for delivery and sale in the territory of Pimpri Chinchwad. He also admitted that he had not paid octroi for the gold articles. In his statement under Section 313 of Cr.P.C. however, respondent stated that he was to proceed to Nigdi after alighting from the train at Akurdi for payment of octroi as the octroi check post is located at Nigdi. The complainant however, without even trying to verify whether the respondent intended to pay octroi took him to the office of the Pimpri Chinchwad Municipal Corporation and seized the gold articles and filed proceedings against him. 3. The learned trial Judge held that there was no material whatsoever brought of record except of drawing suspicion against the respondent and acquitted him of the offence charged against 3 cra4823.10 him. Mr. More, the learned counsel for the applicant submitted vehemently that the action of the complainant could not have been discarded as action based merely on suspicion by the trial court as respondent had failed to provide any bills for the gold articles. The production of the bills for the gold articles, in the facts and circumstances of the case will not be of much relevance as the complainant had already got the ornaments valued at Rs.2,62,500/-. Since the respondent had neither refused to pay the octroi nor was any inability expressed by him, the trial court has rightly acquitted the respondent of the offences charged against him. The applicant has made out no case whatsoever for grant of leave to appeal against acquittal. Hence, application is dismissed. In view of the dismissal of the application, Criminal Appeal also stands dismissed. (SMT. R.P. SONDURBALDOTA,J.)