NEERAJ GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under section 482 Cr.P.C. against the order dated 7.7.2012 passed by Additional Chief Judicial Magistrate Ramganj Mandi District Kota in FIR No. 43/11 Police Station Bapawar Kalan District Kota (Rural) section 457 Cr.P.C 'wherewithal' the application filed by the investigating officer in relation to auction of the seized property was allowed in crass and grotesque contravention of the mandate of legal sanction of section 457 Cr.P.C.

(2.) Brief and relevant facts are that on 6.5.2011 Nawal Kishore resident of Gehukheri submitted a written report containing signatures of 33 agriculturists to the SHO Bapawar Kalan alleging therein that Purshottam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal and Hukam Chand Mittal @ Naya Baniya' sons of Bhanwar Lal Mahajan, residents of Bapawar Kalan and their Muneem Shyam Bihari purchased their grains and agricultural products on credit and kept the same in the godowns. It was alleged that they were absconded after giving Kacchi Parchi ( receipt) of the grains thereby committing fraud and cheating with these farmers. On the basis of the said report a case FIR No. 43/2011 was registered for offence under sections 420, 406 IPC and investigation commenced. During investigation about 418 farmers informed that their agricultural products worth Rs. 9.0 crores was given in trust to the accused Purshottam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal, Hukam Chand Mittal for keeping them in godowns of Bapawar. The accused persons were doing their business in Krishi Mandi and they after winning the faith of the farmers, took their agricultural products for keeping it in the godowns by giving assurance that whenever the prices of the respective agricultural products would be increasesses, the same would be sold and payments would be made to the respective farmers. The investigating officer seized the slips produced by the farmers, recorded the statements of the farmers, also collected the records from the Krishi Mandi Samiti and Axis Bank and recorded statements of other witnesses and since a prima facie case was found against all the five accused efforts were made to search and arrest them. The agricultural products which the accused persons taken from the famrers on trust were kept in four godowns in Bapawar Kalan. Out of these four godowns, three godowns belong to the accused ,while one godown has been stated to be taken on rent. The agricultural products belong to the farmers kept in these godowns (warehouses) is weighing about 57911 quintals. The farmers stated that these agricultural produces were not belong to firms. The accused persons in the first instance they have transferred in papers the agricultural produce in the names of their firms being run in the name of their family members. On the basis of these transferred papers they prepared cash bills of purchase and sale of the agricultural products in question and on that basis of such forged bills taken a loan of about Rs. 9.00 crores from the Axis Bank. The entire stock of the agricultural products was kept in mortgage with the Axis Bank. Prima facie it is evident that the accused Purshotam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal, Hukam Chand Mittal @ Naya Baniya and accused Mahendra Goyal, Dheeraj Goyal and Neeraj Goyal by criminal conspiracy mortgaged the agricultural products kept in the godowns by the poor farmers on trust thereby grabbing the agricultural products of the poor farmers dishonestly and by cheating and committing breach of trust, committed offences punishable under sections 420, 406 and 120 B IPC.

(3.) The accused persons Purshottam Mittal, Hukam Chand, Sumit Mittal, Vimal Mittal and Dinesh Mittal were arrested on 20.10.2011 from Bangalore (karnataka ) and on the basis of the information of the accused, the agricultural products lying in the godowns at Bapawar were seized and taken in possession of the Police under section 27 of the Evident Act. After investigation charge sheet was filed against these accused persons in the competent court at Sangod on 19.12.2011 and since accused Mahendra Goyal, Dheeraj Goyal and Neeraj Goyal were absconding, investigation against them was contineud in terms of section 173 (8) Cr.P.C. On 30.12.2011 accused Mahendra Goyual and and Neeral Goyal were arrested from Indore (MP). On investigation from the accused records relating to purchase and sale of firm Mohan Lal and Sons and Seth M.L. Goyal and Sons was seized. From the record it is prima facie appeared that the accused persons by committing a criminal conspiracy made forged transactions of purchase and sales of agricultural products belonging to the poor farmers lying in the godowns at Bapawar worth Rs. 9.0 crores and by committing breach of trust, pledged the said agricultural products with Axis Bank for taking huge loans as a result of which about 623 farmers are suffering and regularly agitating against the accused. Challan against accused Mahendra Kumar Goyal and Neeraj Kumar Goyal has also already been filed in the competent court at Sangod on 21.3.2012. The accused Dheeraj Goyal proprietor of Seth M.L. Goyal and Sons is still absconding. With regard to the agricultural products seized on the information of the accused i.e. Mustard 22551 bags, wheat 15764 bags, Dhania 458 Bags, Soyabin 173 bags, being of perishable nature the investigating officer i.e. Additional Superintendent of Police Kota Rural moved an application under section 457 Cr,P.,C. before the Additional Chief Judicial Magistrate Ramganj Mandi seeking permission for auction of the said agricultural products. The trial court after hearing the investigating officer as also the counsels for the parties vide its order dated 7.7.2012 ordered for auction of the agricultural products in larger interest of all concerned parties. The trial court while exercising the jurisdiction vested in it under section 457 Cr.P.C. has passed a detailed and reasoned order after taking into consideration all relevant facts particularly the fact that in view of the on going rainy season, there is all possibility of decaying the agricultural products. The trial court also discussed in detail the authorities cited by both the parties.