CRM NO. M-34534 OF 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM NO. M-34534 OF 2010(O&M) DECIDED ON : 09.12.2010 Rakesh Kumar ...Petitioner versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE K.C.PURI Present : Mr. R. S. Cheema, Senior Advocate with Mr. J. S. Mehndiratta, Advocate, for the petitioner. Mr. Sudhir Nehra, Additional AG, Punjab. K. C. PURI, J. (ORAL) Rakesh Kumar s/o Krishan Chand owner of Krishan Chander Rakesh Kumar Flour Mills, has applied for grant of anticipatory bail in FIR No. 153 dated 28.10.2010 under Sections 420/409 IPC and Section 7 of the Essential Commodities Act registered at Police Station Ladhowal, District Ludhiana. As per allegations of the prosecution, the Officer- Incharge of Police Station Ladhowal was patrolling when secret informer gave information that Rakesh Kumar proprietor of M/S Krishan Chand Rakesh Kumar Flour Mills, who is running a flour CRM NO. M-34534 OF 2010(O&M) -2- mill in Phillaur District Jalandhar, in connivance with the depot holders of the area of village Apra used to purchase subsidized wheat from those depot holders at the official rate i.e Rs.4/- per kg and use to sell the same @ Rs.11/- per kg in the open market. On 27.10.2010, Rakesh Kumar got loaded 242 bags of wheat in vehicle HR-45-2390 which is being driven by Surjit Singh from the Punjab State Ware House Phillaur. The marking of 'Markfed' is written on the said bags. They are going to Ludhiana for selling the same. If Naka is held, the accused can be caught red handed. On the basis of the information, the FIR mentioned above, was reqistered. Raid was conducted and 242 bags of wheat were recovered from the tempo in question. Out of the 242 bags, 8 bags were bearing marka of 'Markfed', 3 bags of 'Pungrain' and remaining 231 bags were having marking of 'Punjab Ware House'. The vehicle along with wheat was taken into possession. Learned counsel for the petitioner has submitted that the petitioner was engaged in business of flour mill from the year 1977 to 2008 but he went to Canada for open heart surgery. On 12.09.2010, he re-started the business. He has purchased 324 bags of wheat through one commission agent Bhushan Jindal & Sons. The payment was made through bank. Lot of wheat was lying in the godown of the petitioner. He decided to sell it to Dashmesh Flour Mills, Gurukirpa Flour Mills and S.Harbans Singh and the same were illegally taken into possession by the police. So, the petitioner is entitled to anticipatory bail. CRM NO. M-34534 OF 2010(O&M) -3- The said prayer has been opposed and it is submitted that the driver has stated that the wheat belong to the petitioner. The said bags contained the marking of 'Markfed'. The grant of anticipatory bail at this stage, will hamper the investigation. I have carefully considered the submissions made by both the sides and have gone through the records. The allegations in the FIR are that the petitioner has been indulging in selling the wheat meant for public distribution system due to difference of rate and in order to earn huge profit , the said act has been done by the petitioner. The relief of anticipatory bail is an extra-ordinary relief which can be allowed when the Court reach to the conclusion that there would be a chance of false implication. Even according to arguments raised by learned counsel for the petitioner, the wheat has been sent by the petitioner through the vehicle in question. Some of the bags were containing marking of 'Markfed' and some of 'Punsup'. So in these circumstances, grant of anticipatory bail at this stage, shall hamper the investigation. To investigate the matter in a proper manner, custodial interrogation of the petitioner is required. In view of the above discussions, the petition for grant of anticipatory bail stands dismissed. DECEMBER 09, 2010 (K. C. PURI) shalini JUDGE