a judgment

a judgment

let us first narrate the facts of the case.

an explosion occurred in the house of mr x (we are not supposed to tell his name. it might complicate case). a portion of his house was demolished as also the house next to his, which was fortunately, at that moment, unoccupied. x was hurt and was immediately taken to hospital, where he was treated for sixty percent burns but eventually survived.

the house where he lived in was partially destroyed and a portion remained standing. it was considered to be endangered and steps were taken to demolish it. in doing so, the police found more explosives which were seized. an fir was registered stating that the explosives were meant to be used against fellow citizens at an opportune time. they were, definitely, not suitable for use to celebrate any occasion.

the lower court convicted him on illegal possession of contraband material, intended to harm other citizens, endangering peace and disturbing peace.

the high court, after considering all the facts of the case, came to conclusion that

1.      he did not use the material. mere possession does not mean that he intended to use it.  

2.      police appears to have been prejudiced since a neighbouring house was damaged.

3.      the material was not examined for its potential to damage persons or property. the neighbouring structure might have been weak and subject to destruction on a mere shock. this possibility cannot be ruled out since the police did not get the property properly examined by experts.

4.      there is no proof that  x wanted to use this material for destruction. he might be keeping it as a hobby to manufacture the material.

5.      police has not been to cite any previous attempt to harm anyone.

6.      police did not have a warrant to search the standing portion of his house and such action is illegal especially since he was not present during the search. as such the very basis of the case against him disappears.

7.      as a result of these deficiencies, x is exonerated honourably. the government is directed to reconstruct the house of x so that he can live a peaceful life. the seized material will be returned to him.

(note - acquittal is the rule, conviction is exception)