After 20 years Delhi court acquits man in kerosene case over lack of proof and public witnesses

A Delhi court has acquitted a man in a 20-year-old kerosene hoarding case, holding that the prosecution failed to produce even a single independent public witness and could not prove he was in conscious possession of the seized fuel.

Additional Chief Judicial Magistrate Tushar Gupta was hearing the case against Suraj Bhan, accused of illegally possessing 660 litres of blue kerosene oil meant for the public distribution system in northeast Delhi in July 2006.

In an order dated July 24, the court said the prosecution failed to establish any specific violation of the Control Order, could not prove conscious possession or exclusive control of the seized commodity, and that the seizure proceedings suffered from material infirmities.

The judge noted “material contradictions” regarding the recovery, quantity of kerosene and the manner in which samples were drawn and sealed. All prosecution witnesses were government officials, and no independent public witness was examined.

“Criminal conviction cannot rest upon suspicion, however strong it may be. The prosecution must establish guilt beyond reasonable doubt, which it has failed to do,” the court said.

According to the prosecution, officials recovered three drums containing 660 litres of blue kerosene from a shop in New Usmanpur on July 23, 2006. The accused allegedly could not produce any licence authorising its possession.

However, the court found no unbroken chain of custody. When the drums were produced in court, they were empty with open lids. It also questioned the presence of two key officials during the Sunday raid, as neither produced movement register entries.

The court acquitted the accused of all charges under the Essential Commodities Act.