PURAN CHAND GUPTA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Miscellaneous Applications Nos. 2818 -M, 3158 -M, 3544 -M and 3877 -M of 1930 which have been filed by the Petitioners for grant of anticipatory bail in case F.I.R. No. 81, dated 28th June, 1980, registered at Police Station, Saraba Nagar, Ludhiana, under Section 7 of the Essential Commodities Act, and for any offence arising out of that First Information Report and also in other cases likely to be registered against them. The first two applications have been presented on behalf of Puran Chand Gupta and his wife Mrs. Usha Gupta, respectively. In the third application, the aforesaid two persons along with Vinod Kumar Gupta, nephew of Puran Chand Gupta, are the Petitioners, while in the last application, one Tirivinder Pal Singh, employee of Puran Chand Gupta, and said three persons are the Petitioners.

(2.) FROM the allegations made by the Petitioners in all the four applications, it appears that Puran Chanel Gupta is a business man and political leader of repute residing at Ludhiana and that he has been an active worker of the Indian National Congress(I) Party for the last about 25 years. He was induced to enter into the bussiness selling, country liquor by accruing liquor vends with Roshan Lal as a partner and he invested Rs. 125,00/ - while Keshan Lal invested Rs. 50,000/ - in that bussiness. To start with, there was a third partner, namely, Bhagwan Dass Pawar, also with them in that bussiness but later on he ceased to be their partner. Roshan Lal also joined Puran Chand Gupta a partner in running Kailash Cinema at Ludhiana on lease basis. Thus Roshan Lal became quite friendly and thick with Puran Chand Gupta. Roshan Lal suggested a proposal to Puran Chand Gupta that if he could invest asum of Rs. 1,60,000/ -, he himself would have a deal with M/s Jaipur Udyog Ltd., a cement manufacturing firm, which had its registered office at Sawai Madhopur in Rajasthan, and in this way he would acquire wagons of cement from the said firm. Roshan Lal also assured Puran Chand Gupta that he would return his principal amount along with interest. M/s. S.R. and Co., Ludhiana, of which Roshan Lal was one of the partners had not been working for the last five years and as such, that company needed funds which Puran Chand Gupta was able to advance. On the representation and inducement of Roshan Lal, Puran Chand Gupta secured draft No. 1772400/14/80, dated 15th February. 1980, in the sum of Rs. 1,60,000/ -. from the Oriental Bank of Commerce, Ludhiana, in the name of Jaipur Udyog Ltd., Branch Office Sector 17 -A, Chandigarh, and handed over the same to Roshan Lal on that date or soon thereafter for delivering the same to the said cement manufacturing firm. Puran Chand Gupta thereafter kept asking Roshan Lal about the deal and for the return of amount with interest. At last Roshan. Lal agreed that he would get the full quota of 5,000 bags of cement and keep the same in Puran Chand Gupta's godowns as security for the amount of Rs. 1,60,000/ -, advanced by him to the firm M/s S.R. and Co. As a result of this oral deal, the entire stock of 5,000/ -bags of cement was brought to the godwons of Puran Chand Gupta and Vinod Kumar Gupta Petitioners. Puran Chand Gupta was again assured by Roshan Lal that the whole amount of Rs. 1,60,000/ -with interest would be paid to him after selling the stock of cement lying in the godowns. Puran Chand Gupta remained busy throughout in the last general election to the Punjab Legislative Assembly. In his absence, Roshan Lal had been selling the cement to customers. Puran Chand Gupta had no concern with the method of selling the bags of cement by Roshan Lal. He was concerned only with the return of his principal amount of Rs. 1,60,000/ - with interest thereon. In spite of the fact that Roshan Lal disposed of the stock of cement, he did not return the principal amount with interest to Puran Chand Gupta. Accordingly, on 23rd June, 1980, Puran Chand Gupta was compelled to file a suit for perpetual injunction against Roshan Lal, Saheb Lal, M/s. S.R. and Co., the Jaipur Udyog Co., Ltd., Sawai Madhupur and Jaipur Udyog Ltd., Branch Office Sector 17 -A, Chandigarh restraining Roshan Lal, Saheb Lal, and M/s. S.R. and Co. from withdrawing, receiving and claiming any amount deposited with Jaipur Udyog Ltd., and also restraining the Jaipur Udyog Ltd. from making any payment and adjusting the said amount deposited with them, and standing in the name of M/s. S.R. & Co., vide Bank Draft No. 1772400/14/ 80, dated 15th February, 1980, draft on the Oriental Bank of Commerce Ltd., Ludhiana. That suit is still pending in the Court of the Senior Subordinate Judge, Ludhiana. Puran Chand Gupta also forwarded a complaint regarding Roshan Lal's refusal to return the principal amount with interest to the Senior Superintendent of Police, Ludhiana, for inequity and consequently registration of the case under Sections 420/468/484/34, Indian Penal Code, on 23rd June, 1980. However, on 28th June, 1930, F.I.R. No. 81 was registered at Police Station, Saraba Nagar, Ludhiana, on the basis of secret information received by Sube Singh, Senior Superintendent of Police, Ludhiana. English translation of that First information Report reads as under:

(3.) SHRI Mohinder Singh Sethi, Additional Advocate -General. Punjab, appearing on behalf of the State -Respondent, has stated at the Bar that the investigation agency has no intention to arrest Vinod Kumar Gupta Petitioner in connection with the case registered as F.I.R No. 81, mentioned above, or for any offences arising out of the same. Thus, the last two petition, in which Vinod Kumar Gupta is one of the Petitioners become infructuous qua him. Accordingly, the orders in so far as those allowed interim anticipatory bail to him stand vacated to that extent. It has also been stated at the Bar by Shri Sethi that the investigation agency has no intention to arrest Puran Chand Gupta or his wife Mrs. Usha Gupta in connection with murder case or the former in connection with case relating to commission of rape, though so alleged by the Petitioners in some of the petitions. He has further made it clear that the only allegations in connection with which the Police want to arrest Puran Chand Gupta, Mrs. Usha Gupta and Tirvinder Pal Singh are that Puran Chand Gupta was in fact running a bogus company named and styled as M/s. S.R. and Co., Ludhiana, with the help of Roshan Lal and he procured 5,000 bags of cement from M/s Jaipur Udyog Limited and thereafter without informing the Deputy Commissioner or the District Food Controller, Ludhiana, about the receipt of those cement bags, sold the same in black market and for achieving that object he, forged certain documents, and Mrs. Usha Gupta aided him in the commission of those offences by making payment of freight charges either in cash or by issuing Cheques to the truck operators who had brought the bags of cement to the godowns and that Tirvinder Pal Singh, who was employee of Puran Chand Gupta, helped, the latter in selling some of the bags of cement in black market. All these allegations disclose commission of offences under Section 7 of the Essential Commodities Act and Sections 120 -B, 420 and 468, Indian Penal Code, against Puran Gupta, Mrs. Usha Gupta and Tirvinder Pal Singh. Now, It is to be seen whether these Petitioners are entitled to the grant of anticipatory bail.