DILIP SINGH CANWAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts giving rise to this petition under section 432 lead with section 186 of the Code of Criminal Procedure filed by one of the accused, namely, Dilip Singh are as follow Messrs Modern Syntex India (Limited). Alwar had been sending goods to Swarnjit Jam, a businessman of Ludhiana, through Yadav Transport Company/Yadav Transport Service. Nasirabad, District Ajmer, Rajasthan. The said Transport Company has its branch office in Ludhiana, the Manager of which was Dalip Singh the petitioner. The said Swarnjit Jam either as partner or proprietor, is connected with three sister concerns; (i) Messrs Manak Trading Company, Ludhiana, (ii) Messrs Swam Woollen Mills, Ludhiana and (iii) Messrs Laadlers Knitwear.

(2.) It may be mentioned that on 18th May, 1981 at the instance of Yadav Transport Service. FIR N. 153 was registered at Police Station Division No.3 Ludhiana against Swarnjit Jam and Dalip Singh under sections 420 and 408, Indian Penal Code, vide Annexure P.9. Upon the completion of the investigation it was found that the said two accused had committed offences in respect of goods worth Rs. 29,00000/- Accordingly challan against them, under sections 403 and 420 Indian Penal Code was filed in the Court of the judicial Magistrate 1st Class Ludhiana.

(3.) Adverting now to the Alwar case, it is noteworthy that on 10th May, 1981 the Modern Syntex India (Limited), Alwar, through the General, Manager, got FIR No. 115 registered at Sadar Police Station, Alwar on 10th May, 1981. Upon the completion of the investigation report (Annexure R. 2/H) under section 173, Criminal Procedure Code, was submitted in the court of Judicial Magistrate, Alwar. A perusal thereof shows that Swarnjit Jam, Manak Chand Jam and Raj Bhushan Jam partners of Messrs Manak Trading company, Ludhiana, M/s. Swam Woollen Mills, Ludhiana and their employees, namely, Dharam Vir Jam. Kishan Lat, Han Narain and Dalip Sineh, Manager of the Ludhiana branch of M/s. Yadav Transport Service committed offences punishable under sections 408, 409, 420. 457, 468, 471 read with section 120-8, Indian Penal Code with respect to the goods of the value of Rs. 38,61,75800. The report Annexure Rs. 2/8, running into 23 pages, contains details as to the modus operandi of the accused person. It makes reference to the large sums involved in the transactions and numerous documents, including forged ones, substantiating the conclusion of the investigation. With the reports are annexed documents Annexures R. 2/9 to R. 2/12 further highlighting the commission of the offences.