BRIG D S BRAR Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THIS order shall dispose of these petitions -Crl. M.P. No. 8867 -M of 1993; Crl. M.P. No. 9188 -M of 1993 and Crl. M.P. No. 9182 -M of 1993 in which the petitioners seek concession under Section 438 Cr.P.C. for anticipatory bail in respect to a case, FIR No. 139 of 1993, registered at Police Station, Sector 31, U.T., Chandigarh.

(2.) THE impugned FIR No. 139 of 1993 was registered on the basis of an information and so far as relevant it reads as follows : - ".... That special informant informed that one Ashwani Kumar alias Mohinder s/o Harwel Singh, r/o Kabari Bazar, Ambala, Haryana and Charanjit Singh r/o Sakhna Vikas Nagar, Ludhiana and Harjit Singh alias Jeetu s/o Gian Chand, r/o Kabari Bazar, Ambala in conspiracy with each other have committed an offence by manufacturing spurious gas cylinders with the connivance of various gas agencies. After filling the gas cylinders they indulge in the business of illegal selling of these to general public on a large scale. In this business Charanjit Singh of Ahmedgarh, Distt. Sangrur, Punjab who owns a factory for manufacturing the gas cylinders sanctioned by the Govt. of India and this factory manufactures cylinders under the supervision of the officers of IOC and Ashwani Kumar alias Mohinder after buying the valves from unauthorised persons from Sadar Bazar gives these to Charanjit Singh and Harjit Singh alias Jeetu obtains the orders of sale of such spurious gas cylinders to various gas agencies and supplies the same through a fabricated 'buyer' and today Ashwani alias Mohinder started from Delhi in truck No. HR 01 -B -2381 with some spurious gas cylinders filled with gas and the valves meant to fixing on these gas cylinders for the purpose of coming to Chandigarh and is about to reach Chandigarh in a short time and if Ashwani Kumar alias Mohinder is searched along with the truck, the spurious gas cylinders and valves can be recovered from him..." Ashwani Kumar during his investigation gave information that he along with Charanjit Singh and Harjit Singh alias Jeetu had been getting manufactured duplicate gas cylinders through gas agencies and after procuring huge amount supply the same to the general public. Charanjit Singh -petitioner, had a factory at Ahmedgarh under the name and style of M/s. Punjab Gas Cylinders, which manufactures gas cylinders for different gas companies. Charanjit Singh had been manufacturing duplicate gas cylinders and Ashwani Kumar had been bringing valves from Suresh Kumar from Delhi and Harjit Singh was involved in transporting the same by preparing false goods receipts. He had supplied 360 duplicate cylinders to a shop keeper of Gujarat. He has supplied 800 valves to an agent of Charanjit Singh. In another disclosure statement he gave information of having sold 700 duplicate gas cylinders to Harmohinder Singh of Chandigarh Gas Agency and he had also sold gas cylinders to Mr. Chaudhary of Rajiv Gas Agency and 150 valves to Raman of K.P. Gas Agency.

(3.) FURTHER information about manufacturing and sale of duplicate gas cylinders was supplied by Charanjit Singh.