Crl. Misc. No.M-346 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-346 of 2011 Date of decision: 17.01.2011 Yash Raj .. Petitioner Versus State of Haryana .. Respondent Present:- Mr.Narender Sura, Advocate, for the petitioner. Mr.Harmeet Singh Deol, Addl.A.G., Haryana. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 01.12.2010 at Police Station Sector 10, Gurgaon, for the offences under Sections 406 and 420 IPC; besides, Section 7 of the Essential Commodities Act. The FIR in the case has been registered on the basis of information received by Satya Dev, ASI. According to ASI Satya Dev, on 01.12.2010, a message was received by him in the Police Station through Rajesh Kumar, Incharge, EASI PCR 46 that Truck No.HR-38D-2005 make L.P. had started its journey for Sohna Block after loading wheat of CONFED Government department from Farukh Nagar Warehouse for supply to the depot holders. However, instead of supplying the wheat to depot holders of Sohna Region, the same was parked outside Mangla Mill after unloading wheat bags in Mangla Trading Corporation 495/7, Kadipur Industrial Area. Kiran pal was the driver of the said truck and there were more wheat bags also in the truck. Regarding this, inormation was Crl. Misc. No.M-346 of 2011 ::2:: received by the PCR from the Police Control Room to check. ASI Satya Dev was asked to reach the spot for carrying out proceedings. ASI Satya Dev, on receiving the information, along with other Head Constables, reached at the site in front of Mangla Trading Company and checked the documents regarding wheat from the truck driver. After checking the documents, it was found that the truck which was loaded with wheat had a gate-pass issued by the Haryana Ware Housing Corporation, Farukh Nagar, vide gate-pass book No.7466 dated 30.11.2010. It was mentioned therein that there were 300 bags of wheat and photocopy of consignment No.171 dated 30.11.2010 was in the name of Yash Raj (petitioner). There were signatures of Kiran Pal (Driver) and Yash Raj (petitioner). The wheat was to be supplied to depot holders, Mahipal Nagli, Des Raj Ghamodoj, Dheeraj Golaka and Yoginder Bhondsi but Yash Raj-Contractor (petitioner), it is alleged, dishonestly defrauded the ration card holders of Sohna Block by not supplying them the wheat of CONFED Government Department and by selling 160 bags to Mangla Trading Corporation. From this offences under Sections 406 and 420 IPC; besides, Section 7 of the Essential Commodities Act were made out. According to the learned counsel for the petitioner, the petitioner has duly supplied the wheat to Des Raj Ghamodoj, Mahipal Nagli, Dheeraj Golaka and Yoginder Bhondsi. A reference has been made to the cash memos (Anneuxre P-1-colly) in the name of customers namely Des Raj Ghamodoj, Mahipal Nagli, Dheeraj Golaka and Yoginder Bhondsi. In terms of the said receipt, it is submitted that about 160 bags were supplied to them; besides, 140 bags, according to the learned counsel for the petitioner were apprehended by the Police on the way and the petitioner has been falsely implicated in the case. In response, learned counsel for the State has Crl. Misc. No.M-346 of 2011 ::3:: submitted that 160 bags of wheat were recovered from the truck of the petitioner and a recovery memo dated 30.11.2010 has been recorded by Satya Dev, ASI. Besides, memo of demarcation dated 30.11.2010 was recorded whereby in the presence of witness, Kiran Pal-driver (accused) got his statement recorded and as per the same, he by taking the police party and demarcating the place, showed that 160 bags of CONFED Government Department were delivered at Mangla Trading godown to Shishan son of Mahavir Parsad, resident of Shivaji Park, Gurgaon. It may be noticed that the cash memos (Annexure P-1- colly) referred to by the learned counsel for the petitioner, on the basis of which, it is stated that the wheat was supplied to the depot holders in fact mentions only the quantity and not the number of bags that have been supplied. It is admitted case that 300 bags were taken from the Haryana Ware Housing Corporation, Farukh Nagar vide gate pass book No.7466 dated 30.11.2010. It is only the quantity of wheat, which is shown to have been supplied to the dealers namely Des Raj Ghamodoj, Mahipal Nagli, Dheeraj Golaka and Yoginder Bhondsi. The quantity of wheat, which has been supplied to depot holders, according to the learned counsel for the petitioner was 160 bags. Therefore, the remaining 140 bags, in any case, remain unaccounted for. Learned counsel for the petitioner submits that the petitioner was to unload the remaining 140 bags at the premises of CONFED Gurgaon. However, the petitioner was not in possession of any document showing that he was to deliver the remaining 140 bags at CONFED Gurgaon. Besides, the bags have been recovered while unloading them at Mangla Mill. This aspect is affirmed by Kiran Pal, the driver of the truck. There is no explanation or document to show as to how some wheat bags were being unloaded at Mangla Mill. According to the learned counsel for the State, 160 Crl. Misc. No.M-346 of 2011 ::4:: bags have been recovered, which were in the truck of which gate pass was given and the truck was parked in front of Mangla Trading Corporation. The said gate pass and other documents are to be recovered from the petitioner. Besides, the petitioner is the main accused in the case and his custody is required for getting more information and material and also whether he has indulged in other such activities. It is to be noticed that in a case of pre-arrest bail the advantage of custodial interrogation is to be kept in view so as to elicit useful and more information. In the facts and circumstances, no ground to grant the concession of pre-arrest bail to the petitioner is made out. The criminal miscellaneous petition is accordingly dismissed. (S.S. SARON) January 17, 2011 JUDGE sukhpreet