Order 4

Order Details: Copy of Evidence
Pdf Text: C.C. No.2500/PW/2018 Exh - 13
Deposition of Witness No. 4 for Prosecution.
I on solemn affirmation depose as under :
My Name : Ganesh s/o Santosh Choudhari
Age : 50 years Occupation : Service.
R/o. : Room No.303, Wing No.34, Lodha Amara, Kolshed Road,
Thane(W).
Exam.-in-chief by APP Mr. K. S. Jamdhade for the State:-
1. On 21/01/2018 I was working in Equipment Maintenance Division
as an in charge, Sub-division of Air India Transport Services, Near Sahar Police
Station, GSB complex, Andheri. My duty hours is 7.30 a.m. to 5.00 p.m. The
incident took place on 19/02/2018. I was on sick leave on that day. The call of
Junior officer Subhash Singh received by me. He informed me that he has seen
the accused at about 7.45 p.m. in our Central Table and when he approached to
him, he observed that the lid of diseal tank was open and kept fallen alongwith
its attached chain. The diesel was also spreaded down to the earth. The accused
was cleaning the same with a cotton rag. When Subhash Singh made inquiry
about it, the accused could not give proper answer to him. The actually the duty
of accused was in Airport and not there. He further informed me that he asked
his colleague Pratik Trivedi to keep watch on the accused. Pratik Trivedi observed
that the vehicle i.e. the Black Scorpio of accused was parked and the diesel was
percolating from the lid of the tank and there was marking of such diesel on the
bumper. The number of GPU (Ground Power Unit) vehicle was 1389.
2. On next day, i.e. 20/02/2018, when I went to the duty, I meet
Subhas Singh and then informed the incident to my immediate senior Sharma
and our Senior Jaigopal. When we again went to see the GPU, it was not found
on regular place and the same was found near the Petrol Pump parking. The GPU
was filled with fuel on 15/02/2018. As the Airport entry permit was not issued in
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respect of the said GPU, the same was standing near the parking just waiting for
clearance of the permission. When we again filled up the diesel, 142 liter filled in
the unit despite of its earlier filling. As such, it was disclosed that 142 liter diesel
was gone missing and it was done by the accused.
3. Then the said fact was informed to the Air India Security
department by my Senior S.M. Sharma. The security officer came there on the
report and they also observed the Scorpio Vehicle of accused and the marking of
flowing diesel thereon. The security officer has also made inquiry with the
accused, however, he has given evasive answers to them also. Thereafter, my
senior Sharma lodged police report after getting approval from the Higher
Authority. My statement was recorded by the police as per my say. I know the
accused. He is present before the court.
Cross-examination by Learned Counsel Shri. Sidharth Desai for accused :-
4. It is not correct to say that Subhash Singh did not give call to me in
the night informing the incident as stated by me in the examination in chief. True
that there are lockers for keeping cloths and items of workers in the workshop. It
is not correct to say that there is possibility of having locker of accused in the
workshop. The lunch time in the workshop is 12.30 to 01.00 p.m. Some workers
take their lunch after some time of the lunch finishing their work in their hand.
There is no second ship in the workshop. Subhash Singh and I went to the Senior
Authority Jaigopal jointly for informing the incident. Likewise, we later on meet
to immediate senior Sharma informing the incident. It is not correct to say that I
never informed the incident either to the Jaigopal or Sharma.
5. The record of filling up fuel in the Unit is maintain in the Register
kept at the fuel station. The entry of vehicle and that quantity is mentioned. True
that the name of the person or the operator of the Unit is also mentioned in the
said Register. I am stating that the fuel was filled up on 15.02.2018 only on the
basis of record register and no one told me verbally about it. True that there are
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security guards near the fuel pump. Now I do not know who was the operator
before whom the shortfall of 142 liters were filled up. I can not state since how
long the entry permit was in process. The witness volunteers that the said
department is different one. As per my knowledge, there were three security
officers who checked the vehicle of accused. The security officers were appointed
by Air India. I can not say the duration of spillage on the vehicle, however, it
depends upon the comfort area for evaporation. It is not correct to say that I am
deposing false at the instances of my senior. It is not correct to say that no such
incident ever taken place.
Cross-examination is completed
No re-examination.
R.O.A.C.
sd/-
(U. L. Pathak)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 20.07.2026
Before me,
sd/-
(U. L. Pathak)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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