BHARAT HEAVY ELECTRICALS LIMITED Vs. STATE

JUDGEMENT

(1.) This revision is filed by the Bharat Heavy Electricals Limited, Ramachandrapuram, to set aside the order passed by the Munsif-Magistrate, Sangareddy, in Crl.M.P. No. 156 of 1981.

(2.) The second respondent, Messrs South Eastern Roadways, Hyderabad, were entrusted to transport 28 (7 + 5 + 11 + 5) seamless steel pipers, 2 cooling coils, 5 laddles and 4 cable drums and deliver them to the petitioners Company at Ramachandrapuram. The case of the petitioner is that, instead of delivering them, the second respondent retained them with him with an ulterior motive, and thus committed criminal breach of trust. Consequently, report was given at the police station, Ramachandrapuram, and a case was registered under Section 407 of the Indian Penal Code, against the 2nd respondent.

(3.) The petitioner submits that the abovementioned items are necessary for use in the day-to-day manufacture of the company. The company cannot get these materials in the open market in this country. Many of them are imported and scarce items. They are immediately required for manufacture of components for the Thermal Power Stations. Due to heavy demand of power and expansion of power stations by the Central and various State Government, these components are required to improve the power generation in the country. It is further submitted that the absence of raw materials will result in retrenchment of the employees, and will cause heavy loss to the public sector industry amounting to national loss. It is stated that there is no dispute about the ownership and the entrustment of the above materials to the 2nd respondent and he is withholding them on the ground that he had to get some excess amount, more than the agreed amount. It is also submitted that this property is not required for identification. Therefore, the petition was filed by the petitioner to permit them to utilise the above material even before the trial of the case.