RAMESHBHAI BIMARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R.No.11199035200159 of 2020 registered with Dahej Marine Police Station, Bharuch. It was originally registered under Sections 407 and 114 of the Indian Penal Code (for short "the IPC") and subsequently police invoked Sections 413, 120-B, 201, 471, 472, 465 and 468 of the IPC.

(2.) The major allegations against the present applicant is of receiving stolen goods and selling of the same and further allegation under Section 413 of the IPC a person habitually receives or deals in property which he knows or has reason to believe to be stolen property.

(3.) It is the case of the defacto complainant that he is a Deputy Manager in Mahindra Logistic Limited Company and prior to the complaint, since last one year, he was carrying copper from Birla Copper Company under contract. Mahindra Logistic Company, as do not own any trailer, they were under go-connect application through the brokers, would call for trailer and the same would be provided in accordance to the order. In the present matter, on 18.06.2020, they received a call order from Birla Copper Company from the logistic department for supplying the copper coils to Coimbatore (Tamilnadu) and for the same two Tata trailers bearing Nos. Rj-19-GD-3903 and RJ-19-GC-6681 were provided by M/s. Siddharth Roadlines, Vapi, through broker - Bhavraram Ogaram Bisnoi. The owner is said to be Shravankumar Bisnoi and as per the complainant, he had given the registration numbers of both the trailers to the Supervisor - Vedpalsing. Both the vehicles were to carry copper coil to Coimbatore as per the invoices and it is stated that the copper coil weighing 29.710 metric tone worth Rs.1,50,30,696 was loaded and both the vehicles started for Coimbatore on 19.06.2020. As per the complainant, he received a call from Vedpalsing that both the trailers were stationed near Tiranga Hotel, Ankleshwar. It is alleged that on 20.06.2020, they tried to contact the driver Shravankumar, who deliberately did not receive their call and thus, through broker - Bhavraram Ogaram Bisnoi they had a conference call and at that time, the driver Shravankumar said that they were at Talasari (Maharashtra) and informed them that there was a prohibition to travel during the day time, they would start during the night. On 21.06.2020, at about 4.00 in the evening Vedpalsing informed the complainant that the mobile numbers of both the drivers were switched off and the tracking team of ICICI Lombard, by checking the GPS system, found their location at Sirval, Khandala, Satara (Maharashtra) but, then thereafter, when the said fact was verified through their friends, they could not locate both the trailers nor the GPS system and the tracking team of ICICI Lombard also had gone to verify but, they also did not find both the trailers nor the GPS system. Therefore, the complainant and go-connect service provider Gopalpuri Goswami inquired from the toll-tax of Bharuch, Kamrej, Navsari and Songadh to find out whether these trailers had passed the toll entries and on checking the fact, they found that both the trailers had passed Kamrej toll-tax but, had not travelled through Navsari to Songadh toll-tax. They could not track both the trailers, drivers and copper coil/wire from the village of the drivers, nor could find the GPS location till Coimbatore on the same line, till the date of the complaint.