GUN-NIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Criminal Misc. No. 29471-M of 1998 whereby Gurmit Singh has claimed anticipatory bail in case FIR No. 176 dated 14.10.1998 registered under Sections 409/120-B of the Indian Penal Code at Police Station Shahkot.

(2.) The prosecution case in brief is that Sh. Pawan Kumar, District Manager, FCI, Jalandhar wrote application SHO Police Station, Shahkot that on 23.7.1998, Flying Squad conducted a raid on the FCI Depot, situated at Shahkot. At the time of raid, two out of six stacks at SS Godown were 100% weighed in the presence of the officials present at the depot and as per the preliminary inspection shortage was detected and negligence was detected in the working. A shortage of 22 bags was detected in stack No. S. S/3 and besides that rice foodgrain was found short. Similarly in stack No. S. S/5 the shortage of 8 bags of rice was detected. It was observed that the seals on the bags were intentionally broken so that grains could be pilfered. In stack No. S. S/3, 65 quintals, 93 kgs and 400 grams of rice was found short. In stack No. S.S/5, 25 quintals, 73 kgs and 500 grams of rice was found short. In stack No. S.S/5-A, 7 quintals, 60 kgs of rice was short. As per book balance there were 1431 quintals and 95 kgs. of rice in stack No. S. S/3, 711 quintals, 41 kgs and 500 grams in stack No. S.S/5 and 473 quintals and 95 kgs. in stack No. S. S/5-A. Total shortage weighed was 33 quintals, 33 kgs. and 500 grams. As per direction of the Regional Office, Chandigarh an investigation committee was constituted. Remaining stacks No. 6, 10, 13 and 15 were directed to be weighed 100%. In these stacks also shortage was found. Shortage of 323 quintals, 34 kgs. and 400 grams was detected in these stacks. Flying Squad found the seals to have been broken and holes were also found in the bags. Flying Squad did not find any rice grains fallen on the ground. Flying Squad found Sh. Gurmit Singh Sathi, Asstt. Manager, Sh. Jarnail Singh, Asstt. GRD-1 and many others responsible for the shortage of the rice grains. According to the Flying Squad these officials pilfered the rice stock of the Government intentionally and misappropriated the same.

(3.) Learned counsel for the petitioner submitted that petitioner was Assistant Manager-D at SS godown, Shahkot. He was thus in the category of supervisory staff and was concerned with the dealing of the administrative matters of the Department. As per clause 7 of the Manual it is Assistant Grade-I (Depot) who is responsible for the locks and keys and their custody, sealing of the locks of the godown, maintaining of the godown opening and closing registers. Further the petitioner had joined duty at Shahkot on 22.4.1998 and after he had joined at Shahkot, no movement took place in the stacks where the goods were found short. It was further submitted that the question of embezzlement/misappropriation will arise if there had been entrustment to a particular person. It was submitted that the custody of the stock of foodgrains kept in the godown was with the Assistant Grade-I/Grade-II. The lock and key of the godown was also with him and no presumption could be drawn against the petitioner, who was on supervisory staff regarding shortage. It was also submitted that Shri G.S. Basra, Assistant Manager (Vigilance) was called and the case was discussed with him and he also alleged that Sh. Gurmit Singh was Supervisory Officer and Jarnail Singh, Bhagwant Singh, Balbir Singh and Kharaiti Lal were directly liable. It was also submitted that departmental enquiry was conducted in the matter in which also, the petitioner was not accused of the mis-appropriation/embezzlement of the stocks of the rice belonging to the FCI. It was further submitted that if the permissible natural losses are excluded, there will be loss of 90 quintals and 25 kgs. of rice only which was of the value of Rs. 65,000/-.