Cr.Misc. M 20073 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 20073 of 2011 Date of decision: 9.11.2011 Prem Chand petitioner vs State of Punjab respondent Present:- Mr. GS Bhatia, Advocate. Mr. Ps Bajwa, DAG, Pb. Mr. Vinod Khunger, Advocate Mr. Rakesh Gupta, Advocate. M.M.S.BEDI, J. The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of District Manager PUNSUP alleging that wheat stocks purchased from M/s Ch. Lachman Dass and sons were embezzled by the petitioner and others. The basic allegation against the petitioner is that 14570 bags of wheat were not delivered to PUNSUP. Learned counsel for the petitioner has contended that stock of 14570 bags of wheat stands delivered by the petitioner to Gurdip Singh, Supervisor of PUNSUP and that the said stock has not been taken into account by the PUNSUP, as is required under the PUNSUP Manual. He has vehemently contended that the payment of wheat bags has been released by the PUNSUP in accordance with the rules. It will be deemed that the consideration has been paid on delivery of goods. Reliance has been placed upon the certificate issued by the Incharge procurement. I have heard counsel for the parties and carefully gone through the police record. It transpires that the stocks of wheat are purchased by Cr.Misc. M 20073 of 2011 2 PUNSUP through commission agents from the farmers from the mandis. It is the duty of the commission agent to convert the stocks into gunny bags and deliver the same to the PUNSUP. The PUNSUP is required to disburse the money within 48 hours from the date of submission of the bill. It has also transpired that in order to make the system fool proof, there is a system of issuance of two gate passes, one by the commission agent at the time of transporting the gunny bags and the second pass is issued by the PUNSUP authorities on receipt of the said stocks . A perusal of the record of gate passes reflect that only 1680 bags are shown to have been delivered but no gate passes have been issued regarding 14570 bags, reflecting that these bags have not been delivered by the petitioner. It is apparent that though the payments have been made but prima facie the delivery of stocks of 14570 bags is not recorded. Even counsel for the petitioner has not been able to satisfy the court regarding the delivery of 14570 bags of wheat. An attempt has been made by the petitioner to submit that on the basis of the certificate issued by the PUNSUP, the petitioner will absolved of the liabilities. I have considered the said contention and do not find any force in the same. On the basis of the said certificate, which is not corroborated by other material i.e. gate passes, it cannot be presumed, at this stage, that the petitioner will be absolved of his civil or criminal liability. No extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner. Dismissed without prejudice to the right of the petitioner to seek the concession of regular bail. November 9 , 2011 (M.M.S.BEDI ) TSM JUDGE