DEEPAK JAIN AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner No. 1, is owner of Durga Cement Private Limited, Narnaul, whereas petitioner No. 2, is the Manager of said firm. Apprehending arrest in FIR No. 302 dated 09.12.2009, registered under Sections 420 and 120-B IPC, read with Section 7, 10 and 55 of the Essential Commodities Act and under Sections 103 and 104 of the Trade Marks Act, at Police Station, Sadar, Narnaul, District Mahendergarh, they have filed this petition under Section 438 Cr.P.C.

(2.) The above said FIR was registered on the basis of a secret information of a special informer to the effect that Tuli Ram driver was carrying spurious cement filled with various types of cement bags in truck bearing registration No. HR-47-A/6898, assisted by others to sell the same in Delhi and Haryana by misrepresenting the duplicate cement as genuine of different brands and thereby committed cheating with General Public. On the basis of said secret information, Sub Inspector Dharam Singh along with police officials apprehended the said truck and its driver near Surana turn of Narnaul Delhi Road and on checking it was found that cement having mark JK Super Cement, Birla Uttam Cement and J.K. Sarabsaktiman 43 Grade. The FIR was initially registered under Sections 420 and 120-B IPC and under Section 7 of the Essential Commodities Act. The accused namely Benami and Sandeep were arrested from Durga Cement Factory, Narnaul and another truck No. DL-l-M/1082, loaded with cement was also taken into police possession. At the instance of Benami, empty bags of different companies marked about 40000 were also recovered. Offence under Sections 103 and 104 of the Trade Marks Act, was added. Technical Officer of J.K. Cement disowned the cement to be that of J.K. Cement.

(3.) 40000 empty bags of which 34000 bags were of Durga Cement Private Limited and 6000 empty bags of different companies were allegedly recovered from the premises of the petitioners.