CRM No. M-16088 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-16088 of 2011 (O&M) Date of Decision : 30.09.2011 Surender Singh .......... petitioner Versus State of Haryana ...... Respondent CORAM :HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. R.M. Singh, Advocate for the petitioner. Mr. G.S. Chahal, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Allegations against the petitioner in the FIR are that he is only a transporter of the foodgrains from the CONFED godown to the various schools and Anganwari Centres. The goods are kept at the godown, custody of which is with Bhoop Singh, Store Keeper of the godown. He contends that there is no document on the record, which would suggest that delivery of these goods were taken by the petitioner from Bhoop Singh and there is no entry in the register with regard to the handing over of the foodgrains which were found short from the godown for which the petitioner can be held liable. He contends that in compliance with the order passed by this Court on 24.5.2011, the petitioner has joined investigation on six CRM No. M-16088 of 2011 -2- occasions. This fact is not disputed by the counsel for the State with regard to the petitioner having joined the investigation. It is his contention that the petitioner has given in writing that the goods were taken by him. On a query put by this Court the counsel for the State submits that what has been got examined by the Forensic Science Laboratory are the signatures of the petitioner, which have been found to be of the petitioner himself, however, he could not dispute the fact that the custodian of the goods at the godown was Bhoop Singh, Store Keeper nor is there any entry in the Register of the Store Keeper or the records which would suggest that the said goods were handed over or were taken from the godown by the petitioner. In view of the above and in the light of the fact that the petitioner has already joined the investigation on six occasions the present petition is allowed. The order dated 24.5.2011 is confirmed. 30.09.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE