Written by: Suhaib Shams
An Indian court in the city of Ghaziabad, located in the state of Uttar Pradesh, acquitted a person of charges related to the illegal trade of adulterated diesel and kerosene, after a legal battle that lasted about twenty-two years due to a lack of evidence and the absence of key witnesses.
Details of the case and old investigations
The roots of the case go back to October 2004, following an inspection and raid campaign targeting a local store in the Murad Nagar area of Ghaziabad, where the procedures included confiscating quantities of fuel suspected of not complying with the specifications and safety standards for trading basic petroleum products.
Reasons for acquittal and procedural shortcomings
During the long trial sessions, the prosecution failed to present the primary witnesses, including the report's author and the case investigator, to testify before the judge. One of the witnesses admitted during his questioning that neutral or independent eyewitnesses were not used during the raid and seizure process, in addition to the lack of conclusive evidence proving the place where the seized and sealed materials were kept throughout those long years.
Absence of legal powers
The court explained that the official who carried out the inspection at the time did not hold the official authorization or competent legal assignment for the Murad Nagar area on that day, and the papers were also devoid of any written decision issued by the competent authorities granting him the right of seizure and inspection in accordance with the laws regulating the trade of basic commodities and fuel.
Judicial rulings and standards of proof
Based on these legal loopholes and clear shortcomings in the investigation and evidence-gathering procedures, the court issued its ruling with the judge accepting the plea of lack of evidence, granting the defendant an acquittal based on the principle that doubt is interpreted in favor of the defendant, thereby drawing the curtain on a case that lasted about two decades in the petroleum products distribution and monitoring sector.
