RIZWAN Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 09/2018 under Sections 302/365/396/120B/34 IPC registered at Police Station Alipur, Delhi .

(2.) In brief, the facts of the case are that on 9.1.2018, an E-FIR was registered under Section 379 IPC on the complaint of Sh. Suresh Kumar, wherein he alleged that on 5.1.2018, 1050 cartoons of rice (each weighted 18 kg) (Keeva 1121 Basmati Rice brand) which were to be sent to Iraq, were loaded into the truck no. HR-38T-1586 from his warehouse situated at Alipur Delhi and necessary documents were provided to the driver Kamil Khan but even after 70 hours, he did not reach his destination i.e Mudra Port Gujarat, while the vacant vehicle was found abandoned near Vijay Ghat, Delhi. During the course of investigation, it was revealed that phone of the driver Kamil Khan was also switched off and he had not contacted his family members.

(3.) During the course of investigations, manager Sh. Kulwinder Behl of VRC Logistics Ltd. came to PS and produced the vehicle no.HR-38T-1586 make Ashok Leyland close body container and stated to him that the said truck/vehicle was found lying abandoned near Vijay Ghat, but the material contained in the said truck was found missing. SI Jitender got the said truck examined through crime team Rohini Dictrict.