BIHARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous whereby Bihari Lal and Rinku Kumar partners of M/s Laxmi Rice Milk, Mehraj, Tehsil Bhatinda have prayed for the grant of bail to them in case F.I.R. No. 45 dated June 17, 1998 registered at Police Station Phul under Sections 409 I.P.C./7 of the Essential Commodities Act, 1955.

(2.) THE prosecution case, in brief, is that Rice Sheller M/s Laxmi Rice Mills was taken on lease in the years 1997-1998 by the petitioners. Markfed brought paddy for being shelled into rice in the said Rice Sheller. They were required to hand over the rice after shelling paddy to the Food Corporation of India in the account of Markfed. Rent was required to be paid by the Branch of Markfed, Rampura Phul. On letter No. 1117 of Markfed Branch Rampura Phul dated June 15, 1998, this case was registered against Bihari Lal and Rinku Kumar, the partners of M/s Laxmi Rice Mills. As per that letter, 40046 bags of paddy total weighing 26029 quintals 90 kilograms were delivered to them in their Rice Sheller against receipt by the Markfed Branch Rampura Phul for milling. In accordance with the instructions of the Punjab Government the milled rice was to be delivered to the Food Corporation of India in the account of the Markfed but upto 12.6.1998, the said Sheller delivered 14988 bags weighing 14194 quintals 89 kilograms 300 grams of rice to the Food Corporation of India. Out of this, the papers of 745 bags weighing 704 quintals 52 kilograms (three trucks of rice) were not delivered to the Markfed Branch, Rampura Phul, after getting the same from the Food Corporation of India. On June 12, 1998, on inspection of the Sheller, it was found that only 377 bags weighing 350 quintals 61 kilograms of rice were lying there. As per this letter, if the rice already delivered is deducted from the total paddy, then 6760 bags of paddy were required to be there. 377 bags weighing 350 quintals 61 kilograms of rice the paddy of which comes to 834 bags were taken into possession by the Markfed. 5926 bags of paddy weighing 3851 quintals 90 kilograms were outstanding toward the Sheller which was short. As per that letter, M/s Laxmi Rice Mills of which Bihari Lal and Rinku Kumar are partners, mis-appropriated the said paddy, the value of which was Rs. 23,14,414.12 in addition to the value of empty bags which comes to Rs. 1,26,223.80 and, thus, the total amount mis-appropriated by them comes to Rs. 24,40,637.20.

(3.) CASE is based on documentary evidence. Petitioners have been in jail since October 8, 1998. For the recovery of the amount of paddy/rice, if mis- appropriated by them, resort can be had to the arbitration. Challan has been put in. It is proverbial that the trial of such cases is sometimes a long drawn process. It is, therefore, desirable to allow bail to the petitioners. So, bail to them to the satisfaction of the Illaqa Magistrate/Duty Magistrate, Phul. Petition allowed.