Case: Ravindersingh @ Ravi Pavar Vs. State Of Gujarat

5) The case relates to the hooch tragedy which resulted into the death of 147 persons and serious physical injuries to 205 others after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol in different parts of the Ahmedabad city, Gujarat, in July, 2009 for which case has been registered against several accused persons under various Sections of IPC and the Bombay Prevention Act, 1949 with Odhav and Kagdapith Police Stations vide C.R. Nos. 252 and 161 of 2009 respectively.6) The charge framed against Ravindersingh @ Ravi Pavar (accused No.11) is that he was a party to a meeting held with other accused persons prior to the date of the incident wherein they conspired to manufacture and distribute country-made liquor consisting poisonous chemical Methyl Alcohol, in order to gain financial benefit, by selling the same due to its low cost. The charge sheet further proceeds that as a part of criminal conspiracy, he along with other accused, agreed to manufacture and distribute/sell such liquor to suppliers in spite of the knowledge that on consumption of the same, it can cause death or severe physical damage/injury to the consumer.7) When the accused/appellant moved an application under Section 439 of the Code in connection with C.R. No. 252 of 2009, before the High Court, on going into the specific allegations against him, his role and involvement in the hooch tragedy which resulted into more than 147 deaths in the city of Ahmedabad and after satisfying prima facie case as well as considering the gravity of the crime punishable under Section 302 etc. the High Court rejected his third successive bailrespondent is Accused No. 2 in C.R. No. 252 of 2009 and C.R. No. 161 of 2009 registered at Odhav and Kagdapith Police Stations respectively wherein total of 147 persons died and 205 persons were seriously injured after consuming spurious liquor prepared from chemicals like ethanol and methanol, which were supplied by the respondent-accused, who was trading in those hazardous chemicals, to Vinod @ Dagri (A-1) for the preparation of country-made liquor. It is highlighted by the prosecution that during the course of investigation, it was revealed that respondent (A-2) is a prime conspirator and had indulged in supplying methyl alcohol for manufacturing country made liquor. According to the prosecution, the statements recorded from seven witnesses reveal about the involvement of the respondent. It is also projected by the prosecution that one of the witnesses stated that near the petrol pump at Mogar, there is a godown and two barrels were put in his vehicle to be delivered to A-1, who was the mastermind in preparation of country made liquor out of methyl alcohol, supplied by A-2 at village Vanthwadi. It is also their case that respondent (A-2) had purchased about 500-600 plastic and iron barrels as per his requirement and again in the month of July, he purchased 70 more barrels. The prosecution has also projected that A-2 had sufficient knowledge about the properties of methyl alcohol and that it is poisonous to use in the preparation of country liquor. Despite this, the respondent used to obtain the same illegally from the tankers coming from Kutch and Mumbai through absconding co-accused and kept the same in his custody without permit and supplied it to Vinod @ Dagri (A-1) for the preparation of liquor. All these particulars form part of charge sheet filed on 05.09.2009.20) The specific allegations in the charge sheet about the respondent (A-2) are asNo.2 Jayesh Hiralal Thakkar stated in the Column No.(1) having the criminal antecedents who is running illegal business of chemical at the Godown situated at the petrol Pump located at Village – Mogar, in company of the Accused No.3 named in the Column No.(1) and through the accused Nos. 3, 4 and 5 mentioned in the Column No. (2) had illegally obtained the poisonous Methyl Alcohol from the Tankers coming from Bomby and Kutch possessed the same without any Pass or permit, and inspite of having knowledge regarding poisonousness of Methyl Alcohol and that it is to be used in preparing liquor the Accused Nos. 4, 5, 6, 7 and 8 had sold the poisonous Methyl Alcohol to Accused No.1 for manufacturing Degenerated poisonous country liquor and thereby have played active role in the conspiracy with the view to earn monetary profit and after the declaration of Hooch Tragedy disposed of the Methyl Alcohol within their possession and had gone on run and thereby have committed seriousThe information furnished by the prosecution clearly shows that in a State having complete prohibition policy, the supply of raw material for liquor, its production and distribution are illegal. It is also demonstrated that respondent (A-2) has illegally supplied poisonous chemicals like ethyl and methyl alcohol to A-1 for the manufacture of country made liquor. It is not in dispute that if anyone consumes liquor manufactured out of ethyl/methyl alcohol, it would have a very adverse effect on the body and can cause death or bodily injury as is likely to cause death. In spite of the abundant materials placed by the prosecution and even after taking note of the fact that the samples sent to Forensic Science Laboratory (FSL) for analysis confirmed the presence of methanol and ethanol and also of the fact that A-2 has supplied those materials to A-1, the claim that he had no knowledge about all these aspects is unacceptable. Though the learned Single Judge of the High court perused and verified the expert opinion of the Medical Officer, the FSL report and noted that poisonous chemical is found, after casually finding that there is nont for criminalaccepted the case of A-2 and enlarged him on bail.

Reasoning:
A perusal of the reasoning of the High Court as well as the materials placed by the prosecution prima face establish that the appellant was not a mere supplier of spurious alcohol but he was involved in the criminal conspiracy of manufacturing spurious liquor along with the main co-accused Vinod @ Dagri (A-1) and selling the same at various places through his men.The statements of various persons including one Dahiben support the greater role played by the accused/appellant.15) Mr. Tulsi, learned senior counsel has also claimed parity with the co-accused Jayesh Hiralal Thakker (A-2), who has been granted bail by the High Court, vide order dated 29.09.2011, in the similar offence and claimed similar order in respect of the present appellant - Ravindersingh @ Ravi Pavar. He also brought to our notice that bail has been granted to one Minaben (A-27) on 20.07.2011 and the State has not filed any special leave petition before this Court. As far as grant of bail to Jayesh Hiralal Thakker is concerned, the State has filed Special Leave Petition (Criminal) Nos. 4026 and 4027 of 2012, which we are going to consider after the conclusion of the present appeal. Hence, the appellant cannot claim parity with the co-accused Jayesh Hiralal Thakker. Insofar as the order granting bail to A-27 is concerned, we were taken through the reasons appended to in her bail application and also of the fact that she being a lady, we are of the view that the appellant cannot claim parity with the said accused in claiming bail.16) Apart from the above materials, learned counsel for the State has also brought to our notice that the appellant is and is facing more than 20 cases including similar cases under the various provisions of IPC and the Bombay Prohibition Act, 1949. It is further pointed out that there is every likelihood that if the accused/appellant is released on bail, he would threaten the witnesses and again indulge in sale of spurious liquor.17) It is a well known fact that Methanol is a poisonous substance and by adding the same while manufacturing spurious alcohol, it can have devastating results and can cause death or severe damage to health or injuries to anyone who consumes it. Further, such type of offences, as in the case on hand, are against the society at large and who commit the same do not deserve any leniency, particularly, in the State of Gujarat where complete prohibition is being followed. Merely because the accused/appellant had spent three years as an undertrial prisoner, taking note of the gravity of the offence, he is not entitled forthe nature of the offence and the manner in which A-2 supplied those poisonous chemicals despite having full knowledge about its consequences, we are satisfied that the respondent (A-2) does not deserve liberty of remaining on bail. Accordingly, the judgment and order dated 29.09.2011 passed by the High Court in Criminal Misc. Application Nos. 12384 and 12385 of 2011 is set aside. The respondent (A-2) is directed to surrender before the court concerned within a period of two weeks from today, failing which, necessary steps be taken for his arrest in order to put him in jail.28) It is unfortunate to note that in a State like Gujarat, which strictly prohibits the use of alcohol in any form whatsoever, the accused caused death and injuries to several persons by supplying spurious country-made liquor. Taking a serious view of the matter, the complexity of the crime, the role played by accused persons as well as the number of casualties, we are of the view that it is not a fit case for grant of bail.