KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.66 dtd. 15/7/2014 registered under Ss. 420, 409 of the Indian Penal Code (in short 'IPC') at Police Station Ajitwal/D.S.P. Vigilance Bureau, Moga.

(2.) As per the allegation in the FIR, which was registered on the complaint of Sr. District Manager, Punjab Agro Food Corporation, Moga, one Manoj Jain, partner of M/s. Mahadev Agro Foods, Sangrur entered into an agreement with the complainant and Corporation for custom milling of paddy for the crop year 2012-13 and had to deliver the due rice of paddy stored with the accused in advance with the FCI in the account of PAFC and to obtain release order of the paddy from PAFC equivalent to the rice delivered in advance on submission of requisite documents to PAFC. It was further stated that the Corporation stored 254304 bags of 'A' grade of paddy of 35 Kgs. each total weighing 89006.40 Qtl. for the crop year 2012-13 with M/s. Mahadev Agro Foods through its proprietor and Manoj Jain and the accused delivered 19084.14 Qtl. of rice to FCI and on physical verification, it was found that no paddy was available in the premises of M/s. Mahadev Agro Foods and the accused have embezzled 169629 bags of paddy weighing 59370.20 Qtl., details of which is given in the FIR.

(3.) After registration of the FIR, the accused Manoj Jain was arrested and he was granted bail by the Additional Sessions Judge, Moga vide order dtd. 30/7/2015. The complainant filed CRM-M No.3442 of 2015 before this Court seeking cancellation of bail of accused Manoj Jain and on 11/9/2017, this Court directed Director General (Vigilance) Punjab to look into the matter by constituting a high level team and to submit a report.