Criminal Misc. No. M-16625 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16625 of 2009 (O&M) Date of decision: 1.7.2009 Babli .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. P.S. Sullar, Deputy Advocate General, Haryana. .. Rajesh Bindal J. Learned counsel for the petitioner submits that the petitioner is a transport contractor for transport of petroleum products from Ambala Depot of the Indian Oil Corporation to Railway Sub Yard, Kalka. As per the terms of the contract, the petitioner is liable to deliver the exact quantity of diesel loaded in the tanker and whatever quantity is found to be short, the petitioner is liable to make the same good. In the present case, the tankers were checked in transit. Certain quantity was stated to be short. The same was not being delivered or at the time of delivery, no one had given a certificate that the quantity, which was being delivered, was less than what is mentioned in the alleged invoice. The petitioner has been named only on the statement of co-accused in custody. He further submitted that all other co-accused, who were arrested, have been released on regular bail. On the other hand, learned counsel for the State submitted that the petitioner is a habitual offender, who was involved in another case of sale of pilferaged diesel for which FIR was registered against him on 22.9.2008. He has been named by none else than his real brother. After hearing learned counsel for the parties, I find merit in the submissions made by learned counsel for the petitioner. In my opinion, it is not a case where custodial interrogation of the petitioner would be required. Nothing is required to be recovered. Tankers carrying diesel was intercepted while it was still in transit. Accordingly, it is directed that in case of arrest, the petitioner shall be Criminal Misc. No. M-16625 of 2009 [2] released on bail on furnishing of bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition is disposed of. (Rajesh Bindal) Judge 1.7.2009 mk