SHASHI KANT JHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of a batch of above referred petitions, as they are outcome of one and the same complaint, and involve similar questions of facts and law.

(2.) SHASHI Kant Jha (petitioner in Criminal Miscellaneous No.M -20082 of 2014), Director of M/s Juggilal Kamlapat Jute Mills Company Limited, Kanpur (for brevity, referred to as "Mill?); Govind Sarda (petitioner in Criminal Miscellaneous No.M -19107 of 2014) supplier of raw material to Mill; Aditya Sarda (petitioner in Criminal Miscellaneous No.M -19209 of 2014), supplier of raw material to the Mill; Shobhanand Jha @ Ravishankar Prabhakar (petitioner in Criminal Miscellaneous No.M -24696 of 2014), Director of Mill from December 4, 2008 to February 17, 2014; and Damodar Parshad Bhattar (petitioner in Criminal Miscellaneous No.M -21263 of 2014), an employee of the Mill and authorised signatory/representative of Mill before banks, have preferred the above aforementioned petitions for grant of pre -arrest bail, feeling apprehension of their arrest in case FIR No.115 dated March 21, 2014, under Sections 406, 420 IPC, registered at Police Station, Ambala City, District Ambala.

(3.) INSTANT case has been registered on the basis of a complaint lodged by Mr. Anil Chauhan, District Manager, HAFED, Ambala City, to Deputy Commissioner of Police, Ambala City, unfolding that by way of order dated January 6, 2014, office of Jute Commissioner, Ministry of Textile, Government of India, placed a production control order upon accused company for manufacture/ supply of 2600 bales of jute bags. In pursuance of aforesaid production control order, a requisition was placed upon accused company for supply of jute bags by way of letter dated January 9, 2014 giving full detail and specifications of gunny bags. Subsequently, 1300 bales of jute bags were dispatched/ supplied by the company on January 25, 2014 without any dispute. Then another lot of 1300 bales was dispatched by company vide railway receipt No.530957 dated March 16, 2014. When the same was received at railway station, a complaint dated March 18, 2014 was lodged by M/s J.K. Jute Mills Majdoor Ekta Union, Kanpur to HAFED, Head Quarter, Panchkula to the effect that 1300 old, mutilated, torn and unbranded gunny bales purported to be manufactured by the Mill have been dispatched by it to HAFED Ambala by rail. The bales do not bear make/ Marka and are as per specifications. Immediately, matter was reported by HAFED to DGFS Haryana who constituted a committee consisting of DFSC Amabla; DM, HAFED; and AM, FCI Ambala for inspection of bales in question. Said committee inspected the condition of bales and found that bales do not contain marking i.e. marka of agency (HAFED)/ State Government, showing consignee name, DGS and D supply order number and amendment number, Mill?s name, BIS and License/CML number etc. which is required essentially as per instructions/guidelines issued by DGSD. To avoid penalty by railway, 1300 bales were shifted by HAFED from railway to godown after checking. DGSD Kolkata and Jute Commissioner (Ministry of Textile) were also duly informed by State Food Department Haryana/ HAFED regarding receipt of old, mutilated, torn and unbranded bales supplied by the Mill. Due to supply of jute bales in the above referred condition, Mill committed cheating with HAFED for wrongful gain of crores of rupees and caused wrongful loss intentionally to HAFED. On these lines, instant FIR was registered and investigation was put into motion.