RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rakesh Kumar s/o Krishan Chand owner of Krishan Chander Rakesh Kumar Flour Mills, has applied for grant of anticipatory bail in FIR No. 153 dated 28.10.2010 under Sections 420/409 IPC and Section 7 of the Essential Commodities Act registered at Police Station Ladhowal, District Ludhiana.

(2.) As per allegations of the prosecution, the Officer-Incharge of Police Station Ladhowal was patrolling when secret informer gave information that Rakesh Kumar proprietor of M/S Krishan Chand Rakesh Kumar Flour Mills, who is running a flour mill in Phillaur District Jalandhar, in connivance with the depot holders of the area of village Apra used to purchase subsidized wheat from those depot holders at the official rate i.e Rs. 4/-per kg and use to sell the same @ Rs. 11/- per kg in the open market. On 27.10.2010, Rakesh Kumar got loaded 242 bags of wheat in vehicle HR-45-2390 which is being driven by Surjit Singh from the Punjab State Ware House Phillaur. The marking of 'Markfed' is written on the said bags. They are going to Ludhiana for selling the same. If Naka is held, the accused can be caught red handed. On the basis of the information, the FIR mentioned above, was reqistered. Raid was conducted and 242 bags of wheat were recovered from the tempo in question. Out of the 242 bags, 8 bags were bearing marka of 'Markfed', 3 bags of 'Pungrain' and remaining 231 bags were having marking of 'Punjab Ware House'. The vehicle along with wheat was taken into possession.

(3.) Learned Counsel for the Petitioner has submitted that the Petitioner was engaged in business of flour mill from the year 1977 to 2008 but he went to Canada for open heart surgery. On 12.09.2010, he re-started the business. He has purchased 324 bags of wheat through one commission agent Bhushan Jindal & Sons. The payment was made through bank. Lot of wheat was lying in the godown of the Petitioner. He decided to sell it to Dashmesh Flour Mills, Gurukirpa Flour Mills and S. Harbans Singh and the same were illegally taken into possession by the police. So, the Petitioner is entitled to anticipatory bail.