* 1 * Cri.Appln. 4983..2010 25.11.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 4983 OF 2010 [FOR LEAVE TO APPEAL] Shri. Rajiv Maruti Ghule ... Applicant Versus Shri. Bharat Mishrimal Jain and Anr. ... Respondents * * * * * Mr. Deepak More with Mr. Dilip Shinde, Advocate for the applicant. Mrs. M.M. Deshmukh, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : NOVEMBER 25, 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 respondent no.1 * 2 * Cri.Appln. 4983..2010 25.11.2010 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 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 no.1 Bharat 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 respondent no.1 contained silver ornaments weighing 12 kg and 763 gms. Respondent no.1 was unable to produce receipt for the same. He, however, stated that he was carrying the ornaments for delivery and sale in the territory of Pimpri Chinchwad. He also admitted that he had not paid octroi for the silver ornaments. In his statement under Section 313 of Cr.P.C. however, respondent no.1 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 respondent no.1 intended to pay octroi took him to the office of the Pimpri Chinchwad Municipal Corporation and seized the silver * 3 * Cri.Appln. 4983..2010 25.11.2010 ornaments and filed proceedings against him. 3. The learned trial Judge held that there was no material whatsoever brought on record except of drawing suspicion against respondent no.1 and acquitted him of the offence charged against 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 no.1 had failed to provide any bills for the silver ornaments. The production of the bills for the silver ornaments, 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.1,02,104/-. Since respondent no.1 had neither refused to pay the octroi nor was any inability expressed by him, the trial court has rightly acquitted respondent no.1 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. (SMT. R.P. SONDURBALDOTA,J.)