- (1.) FIRM M/s. Daulat Ram Tarlok Nath of Tarn Taran district Amritsar, despatched 125 bags of Toria to a party at Narela in truck No. PUA 6075 on the night of 28-1-1974. Ajaib Singh was the driver of the truck. Instead of taking the Toria to Narela, Ajaib Singh brought the truck to the shop of Devi Dayal of M/s. Babu Ram Sita Ram Commission Agents Samrala and unloaded the same there. It is alleged that Devi Dayal petitioner and the other petitioners concerted amongst themselves to purchase the Toria at cheaper rates with the knowledge or having reason to believe that the same was stolen property. The Toria was purchased by the petitioners Nos. 1 to 4 (r) Rs. 205/-, 207/- and Rs. 210/20 Ps. per quintal in different lots. Petitioners Nos. 1 to 4 sent the Toria purchased by them to Khanna for sale to Bhagat Ram of M/s. Bhagat Ram Ram Moorti Commission Agents, New Grain Market Khanna and he sold the same to M/s. Sukhdev Rakesih Kumar, M/s. Kanshi Ram Charanji Lal and M/s. Amar Nath Sutoha Chander @ Rs. 270/-, 230/and 240/- per quintal, respectively. On behalf of M/s. Kalu Ram Rakesh Kumar, the payment was received by Vinod Kumar, petitioner No. 2 and on behalf of M/s. Sat Pal Jugal Kishore the payment was received by Piara Lal petitioner No. 5.
(2.) ON 3-2-1974 a news item appeared in Hind Samachar that from Tarn Taran, Ajaib Singh a truck driver had brought Toria in the truck of yellow colour, owned by Amar Singh of Khanna and had not taken it to its destination and that whosoever gives information about the same, would get a reward of Rupees 2. 000. Sat Pal petitioner No. 3, on reading the news item booked a lightening call to M/s. Daulat Ram Tarlok Nath at Tarn Taran informing that their Toria was lying at Khanna. The police of Tarn Taran came to Khanna and took the Toria into possession.
(3.) BHAGAT Ram of M/s. Bhagat Ram Ram Moorti Commission Agents Khanna filed a complaint under Sections 414 and 417 read with Section 109, Indian Penal Code, against all the six petitioners in the Court of Judicial Magistrate 1st Class, Samrala. The Magistrate took cognizance of the offence and after recording the statement of the complainant and of one Dewan Chand, examined as a witness by the complainant, passed the following order on 27-4-1974: Arguments heard. There are sufficient grounds for proceeding against the accused for offence under Section 417/109, I. P. C. Let them be summoned for 6-6-74 P. F. be paid.;