- (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. Heard Mr. Basu, learned Counsel appearing on behalf of the petitioner. It is stated that Surendar Kr. Goel was no way connected with the case for carrying Ganja etc. The seized truck was kept inside the compound of his plywood factory by the authorities from 25.2.2000 and since then, it was lying there unprotected and had to bear natural wear and tear. The petitioner had to engage security personnel to protect the truck but ultimately failed to continue the said arrangement at his own costs. That loaded truck was damaged in course of long period of eight years. Since inception, he had been writing to the authorities to take back the seized truck from his go- down. A number of letters made annexures to the petition, are going to support the submissions of Mr. Basu. Since 2000 to 2008, no action was taken by the Government officials to that effect. Ultimately, the coal dust was wiped out due to rain and the truck was damaged severely for want of maintenance and gradually all the parts of the truck were taken off by some miscreants and finally, the reimnance of the truck was stolen. A specific case was lodged to that effect by the petitioner informing the Government officials who were dealing with the case. Heard Mr. Ghosh, learned Counsel appearing on behalf of the opposite party/State of West Bengal who has echoed the submissions of Mr. Basu and contended that due to the negligence of the Assistant Commissioner of Central Excise, the loss to the Government has been caused and this petitioner had nothing to do.
(3.) PERUSED the C.D. and the materials therein. It appears that on 25.2.2000, i.e., about 12 years ago, the truck was kept under the zimma of this petitioner. It was kept in the open field of his plywood factory. No security arrangement was made by the Government official. The petitioner himself arranged for security at his own cost but could not continue. He, time to time, informed the authorities to relieve him from the liability on various grounds. His prayer was ignored. It is natural that a truck lying in open field for about 10 years would obviously get damaged completely within this long period of 12 years. Since it was lying in the open field without security, loosing parts of its in course of time is not unlikely to happen. The truck was ultimately stolen in the year 2008 and a case was initiated to that effect by the petitioner who then and there informed the fact also to the Assistant Commissioner, Central Excise, Jalpaiguri Division who did nothing but ultimately filed one F.I.R. against the petitioner on 17.11.2010 to shift the liability or the responsibility on the petitioner from his shoulder for the loss of Government property.;