Dinesh Maheshwari, J. - (1.) Heard learned counsel for the petitioner and learned Public Prosecutor and perused the case diary.
(2.) In FIR No. 286/2004. Police Station Chanderia, the investigation is under way for offence under Section 407 IPC on the complaint of Globe Road Carriers that they were transporting Zinc from M/s. Hindustan Zinc Limited, Putholi Chanderia Smelter, Chittorgarh to various destinations and that one truck bearing Registration No. HR-69-3290 was hired for transporting of Zinc from Putholi to Beersinghpur through Balveer Singh of M/s. Dashmesh Roadways Transport Nagar, Chanderia, Chittorgarh. The truck owner and driver has been named as Surat Singh son of Shiv Nath. It has I been alleged that the truck has not reached destination and it has been alleged that upon enquiries, the said complainant has come to know that Surat Singh and his partner Mr. Ratan had sold the material somewhere else.
(3.) Learned counsel for the petitioners contends that so far the petitioners are concerned, who are neither the owner nor the driver of the truck, even taking the case of prosecution on its face value also does not make out any case beyond Section 414 IPC of assisting in concealing or disposing of stolen or misappropriated property. Entrustment of the goods to the petitioners No. 2 and 3 is not even alleged. Even the accusation against the petitioner No. 1 is remote and uncertain. No recovery has been made at the instance of petitioners. It has further been submitted that the petitioners are permanent residents of their respective addresses and possess movable and immovable property at their place of residence.;