Ghaziabad Court Clears Shopkeeper in 16-Year Fake Bajaj Cooker Case
A city court in Ghaziabad has acquitted a shopkeeper accused of selling counterfeit Bajaj pressure cookers. This decision brings an end to a legal battle that stretched for sixteen long years. The prosecution failed to produce or examine a single witness during the entire period.
Prosecution Failed to Present Evidence
Additional Chief Judicial Magistrate Neha Banaudhiya issued the order. She noted that the prosecution did not examine any witnesses over the years. They also failed to produce the seized pressure cooker as evidence. The judge granted the benefit of doubt to the accused. She acquitted him of charges under Section 420 of the IPC for cheating. The court also cleared him of charges under Sections 63 and 64 of the Copyright Act.
Case Origins and Investigation
The case began on August 10, 2010. A sub-inspector at Kotwali police station registered an FIR against shopkeeper Jitendra Kumar from Kallupra and another man. The FIR alleged that the accused were selling pressure cookers and accessories with the Bajaj brand without proper authorisation. Police claimed they seized a pressure cooker, a gasket, and safety valves during a raid.
After investigation, authorities filed a chargesheet only against Kumar. The court took cognisance of the case and framed charges in November 2013. During the trial, the prosecution received repeated opportunities to present evidence. They were asked to examine witnesses to support their allegations.
No Witnesses or Material Evidence Presented
The court observed a critical failure in the prosecution's approach. For more than a decade after charges were framed, they did not examine even the complainant. They also failed to present the investigating officer. No independent witness came forward to testify. The seized articles, which formed the core of the case, never appeared before the court.
Earlier this month, the court closed its opportunity for evidence. It recorded Kumar's statement under Section 313 of the CrPC. The accused denied all allegations. He maintained that no counterfeit pressure cooker was ever recovered from his shop.
Court's Final Decision and Reasoning
After hearing arguments from both sides, the court reached a clear conclusion. The prosecution had completely failed to prove the charges. Prolonged delay in the case raised serious doubts. The absence of witnesses and material evidence further weakened the prosecution's position. The court stated these factors warranted acquittal.
Since Kumar was already out on bail, the court discharged his bail bonds. It directed him to furnish a personal bond of Rs 20,000 with a surety. This step followed standard legal provisions for such cases.
