O R D E R

The Criminal Original Petition is filed by the second accused to quash the S.T.C.No.2727/2021 on the file of Judicial Magistrate No.1, Pondicherry.

2. The gist of the case against the petitioner herein/A2 is that, on 06/01/2021, the parents and other relatives of the District Collector, Pondicherry visited the Collectorate and waiting in the Collector’s cabin. One of them sought water and it was supplied by Sivakumar (A-1). The guest by name Rajiv who took a sip of the colourless liquid offered to him as water, since he felt burning sensation in his mouth, he spit it out immediately and warned others not to take the liquid offered as water. In this regard, on the instruction of the Collector, the complaint was lodged by the Special Officer attached to the Collectorate on the next day and the same was taken up for investigation in Crime No:08/2021 dated 07/01/2021 against unknown persons for offence under Section 284 of I.P.C.

3. In the complaint, it was informed to the SHO, D-Nagar Police Station that water bottle served to the cabin of Collector on

06/01/2021 at around 11.45 am during an official meeting held in the chamber of District Collector, contained toxic liquid instead of water. The one litre pet bottle with sticker containing the brand name “Swiss Fresh” packed drinking water was handed over to the SHO along with the complaint to facilitate enquiry into the incident which was suspected to be a threat to the concerned Officer (District Collector).

4. On completion of investigation, the final report filed as against Sivakumar and Natarajane both temporary staff engaged at the office of the Collector during the Covid-19 epidemic period. The final report, disclosed that Natarajane kept the colourless liquid in the Almirah of the Collector’s P.A office room and Sivakumar took it and served to the family members of the District Collector. Thus, they both in furtherance of common intention committed an act of negligence endangering the life of human being, punishable under section 284 r/w

34 of I.P.C.

5. The Learned Counsel for the petitioner submitted that the prosecution has failed to place evidence to make out any offence cognizable. There is no material to show the petitioner had any lack of diligence nor nexus to the alleged act of serving the liquid found in the pet bottle in the name “Swiss French”. The case of the prosecution is that this petitioner had put sanitizer in the pet bottle carrying the label “Swiss French” and kept it in the Almirah of the Collector’s PA cabin. The liquid in the pet bottle was served by Sivakumar to the Collector’s guest who were present in the Collector’s cabin. There is no evidence of meeting of mind between these two accused to share common intention.

6. That apart, the liquid in the bottle seized and the samples sent for laboratory are not one and the same. The Lab report say, a can containing 5 litres colourless liquid, a bottle containing one litre colourless liquid and a sanitizer bottle labelled as ‘Filma Hand wash’ were received by the lab for test. In all these three liquids, the presence of ethyl alcohol is noted. The percentage of the said substance is conspicuously absent. Further, the description of the exhibits mentioned in the Examination report of the Central Forensic Science Laboratory, Hyderabad does not tally with the exhibits seized under mahazar. Particularly, the liquid in the “Swiss French” pet bottle which was alleged to have served by the petitioner not sent for analysis. Exhibit -2 mentioned in the test report says, one litre plastic jar said to contain colourless solution, whereas, what was handed over by the complainant to the Police in the presence of witnesses is a one litre bottle containing colourless liquid in name and style as “Swiss French”.

7. Per contra, the learned Public Prosecutor, relying upon the C.C.T.V footage of the Collector’s cabin and the statements of the Praveen Kumar Garg, the father of the District Collector, A.Suresh Raj the Speci