JASVINDER SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has come to this Court praying for anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) in case FIR No.178/2001 lodged at P.S.Shalimar Bagh under Section 420 read with Section 120-B Indian Penal Code.

(2.) I have heard Mr.Dinesh Mathur, Senior Advocate for the petitioner and Mr.Sunil Kapoor, learened counsel for the State

(3.) The facts relevant for disposal of this application,briefly stated, are that on 25/3/2001, one Subhash lodged an FIR alleging that on that day he had gone to Kirti Nanak Petrol Pump, AP Block, Shalimar Bagh, New Delhi and purchased petrol for Rs.50.00 vide a receipt issued in his favour. After travelling about 30 kms. from Shalimar Bagh, he observed that his scooter had again gone into reserve and as such, he felt that the petrol supplied to him was short in quantity. He made certain enquiries around the petrol pump and came to know that the petrol dispensing units in the said petrol pump had been so manipulated that they were giving short supply and as such, he lodged a report with the police. After registering the case, the police arrested two attendants of the petrol pump from whom the original gears (Garari) pertaining to dispensing units were recovered. The Manager, of the petrol pump Mukesh Sharma was also arrested and his interrogation revealed that the present petitioner, who was the owner of the petrol pump, had supplied to them manipulated gears, which they were fixing in petrol dispensing units Nos.1 and 5 during peak hours as well as on Holidays, as a result of which supply of petrol to the customers was 10% less than what the reading of petrol dispensing units showed. This was being done in the peak hours and holidays with a view to avoid detection in case of inspection by Bharat Petroleum Corporation Limited. It was also disclosed during his interrogation that the amount earned on account of short supply was being shared between the petitioner as well as the Manager and attendants of the petrol pump.An inspection was got done from Mr.Sanjay Kaira, Deputy Manager (Sales), B.P.C.L. also. His statement has been recorded by police under Section 161 of the Code, which shows that non-standard gears were fitted in the petrol dispensing units as a result of which supply of the petrol to the customers was less than projected by the meter reading. The Investigating Officer also recovered the complaint book provided by B.P.C.L., which was being kept locked by the petitioner and his staff and one unauthorised complaint book was being used. It appears that this was being done to avoid detection of irregularities at the petrol pump by B.P.C.L. as unauthorised complaint book could be kept out of the notice of B.P.C.L. officers. The unauthorised complaint book even shows that some customers were lodging complaints in regard to short supply from pumps number 1 and 5. Investigations have also shown that the sales from these two retail outlets were quite high. Under these circumstances, police registered a case under Section 420 read with Section 120-B Indian Penal Code. Manager and attendants have already been arrested and interrogated. The police seeks custodial interrogation of the petitioner also.