MANGAL CHAUHAN Vs. STATE

JUDGEMENT

(1.) IN this petition under section 401 read with section 482 Criminal Procedure Code, the petitioner, who describes himself as a carrying contractor, prays for quashing the F. I. R. in N. P. P. S, Case No. 13 dated 24. 4. 82 and investigation started by the Police on the basis of the said f. I. R. without issuing any Rule, treating the petition as a contested application, we ordered stay of investigation till disposal of the petition on 6. 7. 82.

(2.) N. P. P. S. Case No. 18 dated 24 4. 32 mentioned above is epilogue to S. P. F. S. Case No. 89 dated 13. 4. 82. The subject matter of both the cases is huge quantity of R. B. D. Palm oil which is sold exclusively through public distribution system, that is to say through Ration shops. For proper appreciation of the contentions raised it is necessary to narrate the facts in. some details.

(3.) PROMODE Gupta, a partner of M/s. Dulichand Oil Mills informed O. C. Budge P. S. by a letter dated 7. 4. 82 that their firm worked as tinning agents of S. T. C. of India Ltd. and in that capacity through their transport contractors, named in the letter. They made arrangements for lifting from Budge installation 10. 840 M. T. R. B. D. Palm Oil in lorry tanker No. 4070 on 2. 4. 82 and for storing and tinning the said palm oil in their go down on Manick tolla Main Road so that after tinning the palm oil the same could be distributed by S. T. C. through public distribution system. But the palm oil lifted was not actually delivered at their god own till the date of the letter. The O. C. Budge sent the letter to South port Police Station as the place of occurrence fell within the local limits of the said Police Station and S. P. P. S. Case No. 89 dated 13. 4. 82 under section 407 I. P. C. was started against 9 persons including Bramhadeo Singh and Alma singh who figure as accused in N. P. P. S. Case No. 18 dated 24. 4. 82. The petitioner Shri Chauhan alleges before, us that on 23. 4. 82 as carrying contractor he had engaged Lorry No. W. B. L. 3740 to carry 276 nos. of R. B. D. palm oil, gross weight of each tin being l6. 5 kg, on behalf of 3 A. R. Shops being No. 3550. 3437 and 3659, ail located in Lake Gardens area from the go down of the storing agent of the E. C. Corpn. Ltd. at 300, roy Bahadur Road Calcutta-53 on the basis of indents and delivery orders issued by the competent authority He alleges that after the goods were brought to A. R. shop 3659, a dispute arose with the Lorry Driver over payment of freight, overtime charges etc. and in course of the said dispute the Lorry Driver without delivering the goods went back to his master at Jagannathghat, calcutta for advice. In connection with s. P. P. S. Case No. 89 Police seized the aforesaid 276 tins of B. B. D. palm oil and the lorry and its driver Bramhadeo singh and Khalasi Atma Singh were arrested. On behalf of the A. R. Shop owners a petition was made before the s. D. J. M. , Alipore on 24. 4. 82 for release of the seized goods; and documents in support of the prayer were produced, the learned Magistrate called for a report from the I. O. On the very same day the driver and Khalashi were remanded to Police custody till 28. 4. 82 on the prayer of the I. O. The 1. 0. had difficulties in connecting the palm oil in 276 tins seized from lorry No. W. B. D 3740 with the palm oil lifted in bulk in lorry tanker No. B. R. B. 4070 and in that context the I. O. of S. P. P. S. Case No. 89 dated 13. 4. 82 suo motu lodged an information with the North Port Police Station being N. P. P. S. . (E. B.) Case No. 18 dated 24. 4. 82 under sections 120b/407/ 411/414 I. P. C. against lorry drive and Khalashi earlier named and the present petitioner. In the said F. I. R. after making a reference to the S. P. P. S. Case, the "i. O. alleged that the investigation revealed that the petitioner had lifted 276 tins of R. B. D. Palm oil. on behalf. of 3 A. R. shops at 16. 30 hrs. on 23. 4. 82, but instead of reaching the tins to the respective A. R. Shops conspired with the driver and khalashi of the lorry to commit criminal breach of trust and in furtherance of the conspiracy the driver brought the lorry with the said tins to a place far away from the A. R. shops or the go down of M/s. G. S. Baxi, but very close to Postabazar well known for wholesale trade in edible oils, to the F. I. R. it was emphasized that r. B. D. Palm oil was to be 'marketed exclusively trough public distribution system, It was suggested that the offenders were motivated by the desire to make huge profits by selling the palm oil in (black) market. The' driver and khalashi were produced in the court of the C. M. M on 25. 4. 82 in connection with the N. P. P. S. case and were released on bail. The A. R. Shop owners filed a petition for return of the lorry butt the learned Magistrate called for a report by 28. 4. 82 On a petition under section 401 read with section 482 Cr P. C. filed by the A. R. shop owners in the high Court. Mrs. Justice Nag on 28. 4. 82 ordered' "release of the seized tins of r. B. D. palm oil in furnishing a bond to the satisfaction of the C. M. M. and the tins were as a matter of fact released on 30:4. 82. On 27. 4. 82 the I. O. prayed for discharge of the accused in s. P. P. S. Case No. 89 and they were discharged accordingly. On 16. 6. 82 a petition was filed before the learned Chief metropolitan Magistrate for copy of seizure list under section 165 (5) Cr. P. C. and on 25. 6. 82 the police forwarded a copy of the seizure list. On 28. 6. 82 Joyanta Das alleged to be the manager of one of the a. R. shops earlier referred to was arrested and remanded to jail custody till 1. 7. 82. On 29. 6. 82 Joyanta Das was released on bail. On 2. 7. 82 the petitioner obtained an order of anticipatory bail from this court. As A. R. shops No. 3437 and 3550 were outside the local limits of the Port Police on 15. 6. 82 an order was obtained from Mr. Justice D. K. Sen permitting the police to investigate the N. P. P. S. case referred to. Before that Joyanta Das had expressed a desire to make a confession and at that stage an order was obtained from Mr. Justice B. C. Ray staying further proceedings. An appeal against the said order, we are informed, is still pending. As a matter of fact because of the orders of mr. Justice Ray and of this Bench the investigation of the case is at a halt now.