Scrap dealer not liable under Sections 411/120-B IPC for purchasing scrap from attached premises pursuant to custodian permission and cheque payment, absent knowledge of theft or conspiracy; FIR quashed under inherent powers as no prima facie case.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, prayer has been made on behalf of the petitioner for quashing of FIR No. 09/2016, dated 03.04.2016, under Sections 411 and 120-B of IPC, registered at police Station, State CID Bharari, District Shimla, Himachal Pradesh as well as consequent proceedings i.e. Corruption Case No.11 of 2019, titled State of Himachal Pradesh vs. Vinay Sharma and others , having CNR No. HPS1010033292019, pending in the Court of learned Special Judge, Sirmaur at Nahan, Himachal Pradesh insofar as it relates to the petitioner.

2. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties, are that the case, as detailed hereinabove, was registered at police Station, State CID, Bharari, Shimla, on the inquiry report of Sub-Inspector Rupinder Kumar, In-charge CID, Crime Unit Nahan, District Sirmour, Himachal Pradesh, having title as “Report regarding criminal involvement/conspiracy of the Officers/officials and management of Indian Technomac Company Limited, Jagatpur, Paonta Sahib, Sirmour and officials of Electricity, Industries and Excise, whereby it came to be recommended that FIR be registered against the persons, named in the FIR. Inquiry report has reference of two letters written by ASI Raghubir Singh, In-charge State CID, sub unit, Paonta Sahib, wherein it is mentioned that the Indian Technomac Company Limited, Jagatpur, Paonta Sahib, was seized by the Excise and Taxation Department, Sirmour, for default in payment of VAT amounting to Rs. 2100 crores and the management of the company had also connived with the employees of the Excise & Taxation Department posted in District Sirmour and illegally removed material and scrap weighing 40 tons, valuing Rs.50.00 lakh from the company premises during period of attachment. It also came to be alleged that company management had sold machinery worth Rs.10/15 lakh during the attachment period with the connivance of the officers/officials of Excise and Taxation Department. On 07.03.2015, a truck bearing registration No. HP-17-B-6824, loaded with scrap and cut pieces belonging to Indian Technomac Company Limited, was caught at Jamniwala nakka by the State CID Sub Unit, Paonta Sahib. Since driver of the truck could not produce any documents of loaded material, ETI, Deepak was deputed at the spot by the Assistant Excise and Taxation Commissioner (AETC), Sirmour, but he failed to take any legal action in the matter till date.

3. It also came to be alleged that electric motors of different capacities, worth lakhs, have already been sold from the company. Copper cables of three furnaces weighing 50/60 tons, had been sold for Rs.2.5 crores against its actual cost of Rs.25-30 crores and only 100-120 Kgs of aluminium scrap was left in the company in place of 40 tons of aluminium scrap. In the aforesaid background, FIR, as detailed hereinabove, came to be lodged against the petitioner as well as other accused.

4. Precisely, the case against the petitioner, as detailed in the final report under Section 173 Cr.P.C.(available at page 50 of the paper book) reads as under:-

“During the course of investigation, witness Rajinder Kumar, the then Supervisor ITCOL has disclosed removal of 6 Trucks of Copper/Scrap from company premises to the scrap yard of Suleman i