SHEKH AMINUDDIN RUKANUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under section 438 of the Code of Criminal Procedure for anticipatory bail in connection with the first information report being C.R. No. I-66 of 2019 registered with Kadi Police Station for the offence punishable under sections 406 , 420 , 120B and 114 of IPC.

(2.) Mr. Vishal Anandjiwala, learned advocate for the applicant, submitted that the applicant was serving as Collateral Manager in the company named NCML at the relevant time and his main duty was to carry out survey / supervision of the two warehouses at the time of loading and unloading of the commodities. As per the procedure, the loading and unloading of commodities is to be done in the presence of the Collateral Manager and whenever the applicant finds that the commodities are already stored in the warehouse, the applicant would make the endorsement of "pre-stake" on his survey report, which means that the commodities were already stored and not loaded in the presence of the Collateral Manager. It was submitted that the Collateral Manager collects two units for sampling purpose and delivers it to the Cluster Controller, who, thereafter, sends it to the Laboratory of NCML situated at Unjha. It was, accordingly, urged that the applicant has not played any role in the entire process and that in the charge-sheet filed against the co- accused, the allegations relate to seven warehouses of "Shriji Industrial Estate", where the applicant has never worked. It was, therefore, prayed that discretion may be granted in favour of the applicant.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State opposed the grant of anticipatory bail to the applicant. Reliance was placed on the report submi ORDER the endorsement of "pre-stake" on his survey report, which means that the commodities were already stored and not loaded in the presence of the Collateral Manager. It was submitted that the Collateral Manager collects two units for sampling purpose and delivers it to the Cluster Controller, who, thereafter, sends it to the Laboratory of NCML situated at Unjha. It was, accordingly, urged that the applicant has not played any role in the entire process and that in the charge-sheet filed against the co- accused, the allegations relate to seven warehouses of "Shriji Industrial Estate", where the applicant has never worked. It was, therefore, prayed that discretion may be granted in favour of the applicant.