SANJEEV KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Reply by way of affidavit of Karundeep Singh, District Manager, Punjab State Warehousing Corporation, Ferozepur on behalf of respondent filed in Court today, is taken on record.

(2.) The petitioners pray for grant of bail in anticipation of arrest in FIR No. 22 dated 29.02.2012, registered at Police Station Ghall Khurd, Ferozepur for offence under Sections 406/120-B of Indian Penal Code.

(3.) Counsel for the petitioners would contend that as per allegations, M/s Ganpati Rice Mill, Mudki, a partnership concern of the petitioners was required to deliver 20815 quintals of rice in regard to paddy supplied by the Punjab State Warehousing Corporation (in short, 'the Corporation') for the year 2010-2011. The petitioners allegedly delivered rice weighing 537 quintals prior to lodging of FIR. 6750 quintals of rice, lying in the premises of the petitioners, was disposed of by the Corporation to M/s B.P. Rice Mill, Mudki. The petitioners paid Rs.75,00,000/- to the Corporation during arbitration proceedings, which is equivalent to the value of 4412 quintals of rice @ Rs.1700/- per quintal. It is argued that in this way, there remained outstanding liability to the tune of 9116 quintals of rice to be delivered by the petitioners to the Corporation. According to counsel, arbitration proceedings with regard to liability of the petitioners are pending, case is based upon documents and, therefore, the custodial interrogation of the petitioners is not required. It is further submitted that the Corporation submitted a claim to the tune of about Rs.4.00 crores out of which Rs.75,00,000/- have already been paid and the petitioners furnished security for remaining rice and deposited original sale deed of the premises of the rice mill by way of security, therefore, any outstanding liability worked out in the arbitration proceedings, can be realized by putting the property of the petitioners to sale.