ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ashwani Kumar. petitioner seeks anticipatory bail in case bearing F.I.R. No. 58 dated 4.2.2002 registered under sections 406 and 420 of the Indian Penal Code with Police Station, Sunam. M/s. Shri Ganesh Rice Gram Udyog Samiti, Sheron (hereinafter referred to as the Samiti) consisting of seven partners, namely, Amit Tayal, Prem Chand, Ashwani Taval, Karam Singh, Nirmla Devi, Darshan Singh Sohan Devi was formed. It was registered as a society.

(2.) The present case was registered on the written complaint made by the District Manager. PUNSUP (hereinafter referred to as the Corporation) Sangrur. According to the allegations made the Samiti was entrusted with 40480 bags of paddy weighing 26,312 quintals for Custom milling during the crop year 1999-2000. As per agreement entered into between the parties the Samiti had to deliver 17,452-75 quintals of rice to the food Corporation of Indian in the account of the Corporation on 29.2.2001. The Samiti had supplied only 15818-76 quintals of rice and had misappropriated the remaining quantity of rice neighing 1633-99 quintals. Karam Singh and Darshan Singh, members of the Samiti deposited Rs. 4,56,580/- towards the deficit quantity of rice to the extent of their share with the Corporation. After adjusting the amount paid by them 2,711 bags of paddy weighing 1,762 quintals 1 5 Kgs. Remained due from the Samiti. The price of the remaining quantity of paddy amounting to Rs. 11,83,151/- interest amount of Rs. 2,48,462/- were payable by the Samiti.

(3.) Deputy Superintendent of Police, Sunam made an enquiry into the matter and found the allegations levelled against the petitioners-accused to have been substantiated.