KARTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Accused-petitioner apprehends his arrest in connection with a case registered under Sections 409 and 420 of the Indian Penal Code on 29.08.2013 vide FIR No. 15/13 in Police Station, Pooh, District Kinnaur, H.P. Record produced by ASI Gian Chand, Police Station, Pooh reveals that the accused-petitioner is a Clerk and was posted as In-charge in the godown of the Corporation at Pooh and Chango. A complaint against him came to be made by one Sh. Vinod Kumar, an employee of the Corporation posted in its L.P.G agency at Pooh on 24.08.2013. On investigation, the accused-petitioner is found to have embezzled Rs. 5,54,554.00 in respect of various items i.e. cement, sugar, rice, wheat flour, oil, mustard oil etc. etc. entrusted to him by the Corporation for distribution/sale.

(2.) Learned Additional Advocate General, on instructions, submits that after the registration of the case, the accused-petitioner absconded and irrespective of the efforts made to trace him out at the places where he would have been present, the police failed to locate him. The present, therefore, is stated to be a case where custodial interrogation of the accused-petitioner is required.

(3.) Be it stated that the case against the accused-petitioner has been registered long back in the month of August, 2013. The police, therefore, seem to have not made frantic efforts either to arrest him or otherwise associate him in the investigation of the case. He, however, has embezzled lakhs of rupees by mis-appropriating various articles entrusted to him in the capacity of in-charge of the godown of the Corporation at Pooh and Chango. He, therefore, has committed an offence which not only affects an individual but the society as a whole. The police has to put the record pertaining to the alleged embezzlement to him. Besides, he is required to be interrogated intensively in custody so that the actual and factual position could be ascertained. However, there is substance in the submissions made by learned Counsel that after custodial interrogation of the accused-petitioner for a specific period, he may be ordered to be released on bail.