IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 707 of 2008. Date of decision: July 14, 2008. Kailash Chand …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Anuj Gupta, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). The petitioner has filed this application, under Section 438 Cr.P.C. for releasing him on bail in FIR No. 87 dated 7.7.2008 registered at Police Station, Jhakri, District Shimla, under Sections 406, 34 IPC and Section 7 of the Essential Commodities Act, 1955. The status report has been filed. 2. Heard and perused the record. The prosecution case in brief is that on 7.7.2008 a secret information was received that Sarabjit, Contractor of Forest Corporation had kept huge quantity of good grains of Civil Supplies Corporation meant for ration card holders in the house of Kirat Ram. He has arranged those food grains after purchasing at low price from government depot and he is Whether the reporters of the local papers may be allowed to see the Judgment? …2… utilizing those articles for his labour. The information was firm and believable and a case under Section 406, 34 IPC was made out, therefore, a rukka through constable Jyoti Lal was sent for registration of the case. The house of Kirat Ram was searched and on search pulse gram (Yellow) 75 packets, pulse gram (black) 75 packets, pulse mash 75 packets each weighing 1 Kg., rice 19 bags each weighing 50 Kgs., flour 37 bags each weighing 40 Kgs. were recovered. In addition to this, garlic 10 Kgs, onion 10 Kgs., bathing soap BCL 48 pieces, washing soap 21 pieces, tea leaves 10 Kgs., tarpaulin nylon 5 pieces were also found in the premises. The articles found in the premises were taken into possession by a memo. The pulses in the sealed packets, flour and rice in bags were having H.P. Civil Supplies price mark. The recovered articles were meant for retail sale to the ration card holders. During investigation, it has come that Sarabjit contractor had procured these articles from the Civil Supplies Corporation salesman Kailash Chand (petitioner) illegally. Sarabjit Singh contractor has absconded. 3. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the case. In any case, the investigating agency has already taken into possession various articles. In these circumstances, no recovery is to be made from the petitioner. He is ready to join the investigation and no purpose will be served by arresting the petitioner. He has submitted that in view of registration of the case, the petitioner apprehends his arrest in the case. The learned counsel for the petitioner has prayed for bail to the petitioner, under Section 438 Cr.P.C. …3… 4. The learned Additional Advocate General has opposed the bail application. He has submitted that the petitioner has illegally sold various items meant for ration card holders to Sarabjit Singh contractor, who has used those items for his labour. The learned Additional Advocate General has submitted that interrogation of the petitioner is necessary in the facts and circumstances of the case. Sarabjit contractor has absconded but the police is trying to trace out his whereabouts. 5. I have considered the rival contentions of the parties. It has come in investigation that petitioner as salesman has illegally sold food grains to Sarabjit contractor, which were meant for ration card holders. Sarabjit contractor has used the food grains procured by him from the petitioner for his labour illegally. The circumstances in which the petitioner has sold various items to the contractor require thorough investigation, therefore, it is not a fit case for grant of bail under Section 438 Cr.P.C. to the petitioner at this stage. Accordingly, the petition is dismissed. 6. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of. July 14, 2008. ( Kuldip Singh ) (Hem) Judge.