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2019 Supreme(P&H) 1048
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Govind Sarda - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous (M) No. 9646 of 2017
Decided On : 26-07-2019
R.S. Rai, Adv., Anurag Arora, Adv., Rahul Sharma, Adv., Deepak Sabharwal, Adv., Jagdish Manchanda, Adv., Ankit Kohli, Adv., Karambir Singh Nalwa, Adv., Deepak Balyan, Adv.
Liability for causing wrongful loss and gain under the Indian Penal Code, and the lack of change in circumstances for granting anticipatory bail.
Headnote:
Cheating - Anticipatory Bail - Indian Penal Code, 1860 - Sections 406, 420, 120-B
Fact of the Case:
The petitioner sought anticipatory bail in a case involving the supply of defective jute bales to HAFED, causing wrongful loss to HAFED and wrongful gain to the supplier.
Finding of the Court:
The court found that the petitioner, closely associated with the company supplying the defective bags, had not made good the loss incurred by HAFED, and dismissed the anticipatory bail application.
Issues: The issues involved the liability of the petitioner for the loss caused to HAFED and the grant of anticipatory bail in light of the scam.
Ratio Decidendi: The enormity of the scam and the failure to make good the loss incurred by HAFED led to the dismissal of the anticipatory bail application.
Final Decision: The court dismissed the second anticipatory bail application, finding no substantial change of circumstances warranting grant of bail.
JUDGMENT :
Gurvinder Singh Gill, J.
The petitioner Govind Sarda has filed this petition (second petition) seeking grant of anticipatory bail in respect of case registered vide FIR No.115 dated 21.3.2014 at Police Station Ambala City, District Ambala, Haryana under Sections 406, 420 and 120-B of Indian Penal Code, 1860.
2. The FIR was registered at the instance of District Manager, HAFED, Ambala City, the gist of which is that 'M/s J.K. Jute Mills' had supplied 1300 gunny bales, which did not even bear the marking of brand 'J.K. Jute Mills' and were either bearing marking of some other brand or were not bearing any marking at all. HAFED informed about the matter to Director General, Food and Supplies, Haryana (DGFS), who constituted a committee. The said committee visited Rail Head, Ambala and inspected the condition of bales and it was found that the bales do not contain markings of the agency. It is alleged that the mill had cheated HAFED and caused wrongful loss to HAFED while causing wrongful gain to itself by supplying old, mutilated, torn and unbranded gunny bales.
3. This case has a chequered history and infact the petitioner had earlier also moved an application for grant of anticipatory bail, which was dismissed by this Court vide order dated 30.3.2015 (Annexure P-14). Some of the undisputed facts as extracted from written submissions, may be stated chronologically as follows:-
| 27.08.2013 | HAFED sent its requirement for 75,000 jute gunny bales for Rabi 2014-15 marketing season to the Director General, Food and Supplies, Haryana (DGF&S) vide letter dated 27.08.2013 and as per the norms/guidelines applicable, an advance payment of Rs.159.29 crores was also sent to the DGF&S in the shape of demand drafts in favour of the Director General Supplies and Disposals (DGS&D), Government of India, Kolkata in the year September, 2013, and December, 2013. |
| 04.09.2013 | The Food and Supplies Department, Haryana placed an indent for the supplies of gunny bales with the DGS&D vide letter dated 04.09.2013. |
| 09.01.2014 | The DGS&D, Government of India, placed an order for supply of 2600 gunny bales to HAFED with M/s Juggilal Kamlapat Jute Mills Company Limited @ JK Jute Mills Company Limited, Kanpur vide supply order No.C3/3266/JK/2014/0088 dated 09.01.2014. In accordance with the said order, the said JK Jute Mills Company Limited dispatched gunny bales to Rail Head, Ambala in two lots of 1300 gunny bales each in January 2014 and March 2014. |
| 26.01.2014 | First lot of 1300 bales was supplied by JK Jute Mills Co. Ltd. against the Supply Order dated 09.01.2014, which was transferred by HAFED, Amabala to HAFED, Kurukshetra directly from the Rail Head. |
| 15.03.2014 | A complaint was received by HAFED from the Secretary, JK Jute Mills Mazdoor Ekta Union, Kanpur, vide a letter dated |
| 15.03.2014 | regarding dispatch of old mutilated, torn and unbranded jute bales to HAFED. |
| 18.03.2014 | Committee constituted by DGF&S, Haryana inspected the gunny bales on receipt of the same at Ambala on 18.03.2014, under complete videography. |
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| In the said inspection, it was noticed that the second lot which was received on 18.03.2014, which should have contained 1300 bales, was in fact having only 1293 bales. |
| 19.03.2014 | It was noticed that the bales which were inspected did not have the required lead seal and markings as were required under the instructions and guidelines of the competent authority i.e. DGS&D. Therefore all the 1293 gunny bales were rejected vide letter dated 19.03.2014 (Annexure P-5). |
| 21.03.2014 | HAFED got registered FIR bearing No.115/2014 (Annexure P-1) against the said JK Jute Mills Co. Ltd. on 21.03.2014 under sections 406/420 of the IPC at P.S. Ambala City for committing cheating and havin |
