SURENDAR KUMAR GOEL Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Cr. P. C. has been taken out by Surendar Kumar Goel who has been arrested on 6.7.2012 in connection with Bhaktinagar P.S. case No.1290 of 2010 dated 17.11.2010 for committing offence under Section 406 of the I.P.C.

(2.) THIS appears to be a peculiar case showing callousness on the part of the Government officials. A truck loaded with 2640 Kg. of Ganja and Coal ash weighing 02 MT were seized by the Inspector, Central Excise, Jalpaiguri Division on 25.2.2000. The Ganja weighing 2640 Kg. was taken to the go-down of the Central Excise, A.E.U, Jalpaiguri Division on 29.2.2000. The seized truck was kept under the custody (Zimma) of this petitioner Surendar Kumar Goel, the owner of a plywood factory under the name and style of Marico Plywood Industries Pvt. Ltd. situated at R. M. Compound, Chayan Para, 3rd Mile, P.O. & P.S. Salugara, P.S. Bhaktinagar, District- Jalpaiguri. It was lying there since 25.2.2000 in open field of the plywood factory of the petitioner Surendar Kumar Goel. On 10.10.2008, the coal dust lying in the seized truck were wiped out due to rain and the truck was severely damaged and ultimately was stolen by some miscreants in the month of June, 2008. To that effect, a complaint was lodged by the petitioner with Bhaktinagar Police Station which was registered as Bhaktinagar Police Station Case No.1041 of 2008 dated 12.6.2008 under Section 379 of the I.P.C. On 17.11.2010, this criminal action was initiated against the petitioner under Section 406 of the I.P.C. with a view to fix up the responsibility on the petitioner for the loss of the Government property.

(3.) PERUSED the C.D. and the materials therein.