Order 1

Order Details: Copy of Evidence
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Note :- Evidence of the witness is being recorded on video conferencing
after verifying that the audio visuals are clear audible at both the ends.)
C.C. No. 2500/PW/2018 Exh - 08
Deposition of Witness No. 01 for Prosecution.
I on solemn affirmation depose as under :
My Name : Suresh Madanlal Sharma
Age : 62 years Occupation : Retired as Assistant General
Manager.
R/o. : B Wing, Flat No. 301, Mhada Apartment, Anitatai
Lahanmage Road, Anusaya Nagar, Makhamalabad,
Nashik.
Exam.-in-chief by APP Mr. K. S. Jamdhade for the State:-
1. On 20.02.2018 I working as incharge of Equipment
Maintenance Division of Air India Air Transport Services. My normal
duty hours were from 09:00 a.m. to 05:00 p.m., however I was required
to remain present on duty as per the situation even after duty hours. On
20.02.2018 around 09:00 a.m. when I resumed my duties, Manager Mr.
Ganesh Choudhari and Junior Technical Executive Mr. Subhash Singh
visited me in the office and informed me about the incident which
occurred on the evening of 19.02.2018. They informed me that on
19.02.2018 at about 08:40 p.m. accused Chandrakant Macchindra
Sonawane was wiping off the diesel lying on the floor of Equipment
Maintenance Division- I. The accused was not having any duty in that
premises at the relevant time. Accused was working as Junior
Technician in some other department. Mr Subhash Singh demanded an
explanation regarding the presence of accused at the place that time
accused got purturbed and told that his Mahendra Scorpio car parked
outside had some ignition issues, hence he was present there. I
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informed about the incident to Special Security Unit. Special Security
Unit and persons from the Vigilance Department checked the vehicle
Ground Power Unit, vehicle No.1389, by refilling fuel in it. They found
that 142 liters of fuel was refilled in the vehicle. The said vehicle was
parked at E.M.D. - I premises on 15.02.2018 after refilling the fuel tank
to the full capacity and it was never used till then as the vehicle pass
was confiscated by M.I.A.L. company. On finding the Ground Power
Unit vehicle No. 1389, parked near Center Table, Mr. Subhash Singh
suspected that the accused must have brought the vehicle there and
committed theft of diesel therefrom. The Mahendra Scorpio vehicle of
accused was later on checked by Air India Security Officer who found
that the fuel tank of Mahendra Scorpio was filled to full capacity. The
Air India Security Officers advised me to lodge report with Sahar Police
Station. The F.I.R. & printed F.I.R. are now shown to me. They bear my
signature. Their contents are true and correct. They are marked as
Exh-09 and Exh-10. I have shown the spot of incident to the police. I
cannot identify the accused due to lapse of time.
Examination-in-chief is completed
Cross-examination by Learned Counsel Mr. Siddharth Desai for
accused:-
2. Police did not obtain any document pertaining to my
appointment in the company. It is not true to say that I am
deposing false that on 19.02.2018 I was working as in-charge of
Equipment Maintenance Division of Air India Air Transport Services. It
is true to say that Ground Power Unit vehicle No. 1389 was within the
compound of Airport premises, which was guarded by proper security at
the gate. It is not true to say that every vehicle entering the compound
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is property checked by the Security Guards. It is true to say that only
identify cards of the persons entering the premises is verified. It is not
true to say that I was not present when the diesel was refilling in
Ground Power Unit vehicle No. 1389. The key of said vehicle is always
kept in the same vehicle. I did not record the density of diesel filled in.
The diesel was refilled around 11:00 a.m. on 20.02.2018, after taking
the reading. It is true to say that equipment fueling sheet is maintained
at the time of refilling of any vehicle. It is true to say that equipment
fueling sheet is checked and recorded meticulously for each vehicle. I
saw the equipment fueling sheet dated 20.02.2018. It is not true to say
that I never saw equipment fueling sheets from 15.02.2018 to
20.02.2018. Fuel requisition is made for requirement of diesel. It is not
true to say that the fuel tank of Mahendra Scorpio vehicle was found
filled to the full capacity. It is not true to say that the Mahendra Scorpio
car was outside the Airport compound. It is not true to say that I am
deposing false that Mr. Ganesh Choudhari and Junior Technical
Executive Mr. Subhash Singh informed me about the theft of diesel on
20.02.2018.
Cross-examination is completed
No re-examination
Witness is discharged.
R.O.A.C.
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date :- 04.11.2025
Before me,
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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