AMARJEET KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition u/s 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been preferred challenging the order dtd. 19/1/2024 passed in Criminal Revision No. 286/2023 passed by the Additional Sessions Judge, Durg, District- Durg (C.G) whereby the revision application filed by the petitioner was dismissed and the order dtd. 14/6/2023 has been upheld passed in MJC No. 05/2023 passed by the Judicial Magistrate First Class, Durg wherein the application under Sec. 457 Code of Criminal Procedure, 1973 filed by the petitioner herein has been dismissed.

(2.) The brief facts of the case as projected by the petitioner are that Patliputra Logistics Private Limited, is a company engaged in works of Storage, Transportation and Distribution and works a Service Provider. Instakart Services Private Limited, is a company Registered under the Companies Act, 2013 and is a Supply Chain Company which is involved in Storage and Transportation of goods. Flipkart has an agreement with a company namely Instakart for delivery of products to its customers and in turn the Instakart has an agreement with Patliputra Logistic Pvt. Ltd. for the delivery of products to the customers of Flipkart. As per the agreement if a person buys a product from Flipkart, the product is handed over to Instakart for delivery and Instakart handover the product to Patliputra Logistic Pvt. Ltd. In order to facilitate the business, Flipkart gives option of Cash on Delivery wherein the buyer makes the payment after the delivery of good. One Amar Mandal was posted as Office In-Charge, Arvind Kumar Verma employed as Delivery Boy and Devendra Devangan was employed to look after the stocks of the Dhamdha Office of the Company. Amar Mandal and Arvind Kumar Verma had taken 115 parcels for delivery from the office on 21/5/2023, however, they have not submit the cash collected in the office after the delivery of the aforesaid product/parcels and thereafter the accused persons were not reachable and they had misappropriated the 115 parcels, which included phones, laptop etc. all the products were booked with cash on delivery payment option. The accused persons have used fake addresses and name for the purpose of booking and lured their relatives, acquaintance, and other such persons to give their mobile numbers for the purpose of ordering the product on flipkart and getting One-time-password at the time of delivery of the product. The One-time-password was entered at the time of delivery of the product, and all the products were in the custody of the accused persons only who have fraudulently misappropriated the aforesaid parcels. A complaint was filed before the P.S- Dhamdha and FIR bearing Crime No. 86/2023 was registered against Amar Mandal and Arvind Kumar Verma. During the course of investigation, all the 115 articles were seized by the police from the accused persons and the same has become a part of the chargesheet. The total value of the products/articles seized is about 45-46 lakhs.

(3.) Thereafter the petitioner filed an application under Sec. 457 of the Code of Criminal Procedure, 1973 seeking release of the articles which were seized by the police during investigation, however, the same was rejected vide order dtd. 14/6/2023 passed in MJC No. 05/2023 passed by the Judicial Magistrate First Class, Durg on the ground that the petitioner has failed to submit the documents related to the ownership of the articles and there is also no document related to the transaction between the Company and Instakart. Against the order dtd. 14/6/2023 the petitioner preferred a revision before the Revisional Court which also has been dismissed on the ground that the ownership of the articles has not been proved. Hence this petition.