RAMESHWAR SINGH MALIK,J. - (1.) APPLICATION is allowed subject to just exceptions. Documents Annexures P-19 and P-20 are permitted to be taken on record. Crl.Misc. Application stands disposed of.
(2.) PETITIONER has approached this court by way of instant petition under Section 438 Code of Criminal Procedure, seeking pre-arrest bail in FIR No.8 dated 14.2.2012 under Section 406 Indian Penal Code registered at Police Station Amargarh, Distt. Sangrur. Learned counsel for the petitioner vehemently contended that no case under Section 406 IPC is made out and if at all, it is under Section 409 IPC, which is not the allegation against the petitioner. After hearing the learned counsel for the petitioner and going through the record of the case, this court is of the considered opinion that since the allegations are direct and serious, the instant petition is bereft of any merit. The relevant part of the FIR reads as under :- "The procurement of foodgrains including paddy has been allowed by the Punjab Govt. to the Corporation w.e.f. 1993-94 as per policy of the Govt. The paddy purchased by the Corporation is stored in the premises of allotted miller for custom milling and the concerned millers are required to deliver out turn rice with the food corporation of India in the account of P.S.W.C. for Central Pool and the documents against delivery of rice are handed over to the corporation in token of the delivery of rice. Director, Food and Supplies Department Punjab Chandigarh allotted M/s Radhey Rice and Agro Mills Malerkotla to P.S.W.C. as well as Pungrain for custom milling of paddy for the crop year 2010-11 an agreement on the proforma prescribed by the Govt. of Punjab for the purpose was executed by the partners of M/s Radhey Rice and Agro Mills namely Sh. Achhru Ram s/o Krishan Chand, Sh. Abdul Gaffar s/o Roshandin and Smt. Monica Bansal w/o Rajveer Bansal. On the allotment and execution of an agreement, PSWC stored 98815 Katta weighing34585.25 Qtl. Grade A paddy crop year 2010-11 in the premises of the said mill. The copy of acknowledgement against the receipt of said paddy given by the miller is enclosed herewith. Against the stored quantity of paddy i.e. 98815 Katta weighing 34585.25 Qtl. Paddy of PSWC the miller was required to deliver out turn rice to the tune of 23172.11 Qtl. to FCI in the account of PSWC. Manager (Procurement) PSWC Head Office Chandigarh accompanied by Sh.Harminder Singh, Distt. Manager PSWC Patiala alongwith official of Food and Supplies Department visited Malerkotla and conducted joint physical verification of paddy stock stored in the premises of M/s Radhey Rice and Agro Mills Malerkotla on 12.1.2012. As per record of PSWC 98815 Katta weighing 34585.25 Qtl. Paddy was stored by PSWC with this miller whereas as reported by official of pungrain, they had stored 14567 katta weighing 5098.45 Qtl. Paddy in this mill. The huge quantity of paddy unauthorizedly converted into rice by the miller was found and presently 15525 katta of rice is lying in the mills godown and under the said. Besides 27018 katta of paddy was found short in the mill, the detail of which is given as under, as per the pv Report dated 12.1.2012. (1) Name of Centre ­ Malerkotla (2) Name of Miller ­ M/s Radhey Rice and Agro Mills (3) Crop year 2010-2011 (4) Paddy stored with Miller (PSWC)- 98815 BAGS, 34585.25 Qtl. (5) Paddy shifted from other Distt. Pungrain Bathinda ­ 14567 bags, 5098.45 Qtl. (6) Paddy shifted to other Distt. - NIL (7) Total Paddy given to miller ­ 113382 Bags, 39683.70 Qtl. (8) Total Rice Due against given paddy ­ 26588.07 Qtl. (9) Rice given by miller to FCI in PSWC account till date NIL (10) Paddy equivalent to rice delivered ­ NIL (11) Balance paddy required with miller ­ 113382 bags, 39683.70 Qtl. (12) Paddy physically available with miller ­ 53901 bags, 18865.35 Qtl. (13) shortage if any ­ 59481 bags 20818.35 Qtl. (14) Quantity of rice available with miller for deposit in PSWC account ­ 15225 bags, 7612.50 Qtl. (15) Paddy equivalent to rice ­ 32463 bags 11362.05 Qtl. (16) Net shortage of paddy if any ­ 27018 bags, 9456.30 Qtl. Therefore the miller has misappropriated the paddy stock of the corporation as well as failed to maintain the health of the remaining paddy stock presently lying in the mill exposing to the natural vagaries. Thus, the partner of the miller i.e. M/s Radhey Rice and Agro Mills are liable to be booked and punished under the relevant provisions of law. It is therefore requested that the FIR against the partners of M/s Radhey Rice and Agro Mills Malerkotla namely Sh.Achhru Ram S/o Krishan Chand, Sh.Abdul Gaffar s/o Sh.Rohandin and Smt.Monica Bansal W/o Rajveer Bansal may kindly be lodged for misappropriation/defalcation of paddy and causing huge loss to the corporation."
(3.) I have given my thoughtful consideration to the contentions raised. In view of the peculiar fact situation of the present case, this court is of the considered view that it is not a fit case for anticipatory bail. It is the huge quantity of the foodgrain which has been misappropriated causing huge financial loss to the complainant corporation. The contentions raised by learned counsel for the petitioner are wholly misconceived and without any force. The allegations are not only serious, but based on official record. Further, the offence was being committed since 2010-11, but it prima facie seems that it came to be detected late. Thus, thorough probe of the matter, while associating the petitioner is necessary, so as to ensure the effective investigation.;