IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.09.2025 MADAN LAL ... Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. S.S. Sarwara, Advocate for the petitioner.

Mr. Viney Phogat, DAG, Haryana.

Mr. Sanjeev Kaushik, Advocate for the complainant.

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JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 482 BNSS, 2023 is for the grant of anticipatory bail to the petitioner in case FIR No.0305 dated 02.10.2024 registered under Sections 314, 316(2), 318(4)

BNS at Police Station Chhapar, District Yamuna Nagar.

2. The present FIR came to be registered at the instance of Pardeep Kumar, District Manager, Haryana State Warehousing Corporation, Ambala (hereinafter known as HSWC) and the same reads as under:-

“TO THE S.H.O, POLICE STATION, THANA CHHAPPAR, DISTRICT- YAMUNA NAGAR, HARYANA. SUB:- REGARDING LODGING OF F.I.R. AGAINST:- 1. PROPRIETOR SH. MADAN LAL S/O SH. RAMU MAL, SARASWATI COLONY, SABAL PUR (358), YAMUNA NAGAR (HARYANA-133103), PROPRIETOR OF M/S MADAN LAL CO., MUSTFABAD FOR MISAPPROPRIATION OF 629.25 MTS PADDY FOUND SHORT AS PER PHYSICAL VERIFICATION REPORT DATED 27.07.2021. 2 GUARANTORS. HARI NARAYAN JINDAL, MADAN LAL AND CO., SHOP NO. 90 SARASWATI NAGAR ANAJ MANDI, YAMUNA NAGAR. RAKESH KUMAR, NAV DURGA FERTILIZER, SHOP NO. 89 SARASWATI NAGAR ANAJ MANDI, YAMUNA NAGAR RAJAN AGGERWAL PROP. M/S/SHAKAMBURI RICE MILL, MANKA ROAD, SARASWATI NAGAR, YAMUNA NAGAR. SMT. POONAM RANA, PROP. M/S LUXMI RICE MILL, VILL. KALAVAD, KHERI LAKKHA SINGH ROAD, DISTRICT YAMUNA NAGAR. HARYANA STATE WAREHOUSING CORPORATION (HSWC) PANCHKULA THROUGH ITS DISTRICT MANAGER HARYANA STATE WAREHOUSING CORPORATION DISTRICT OFFICE AMBALA CITY RESPECTFULLY SUBMIT AS UNDER- 1. THAT HARYANA STATE WAREHOUSING CORPORATION IS A STATE AGENCY FOR MAKING PURCHASE OF PADDY IN THE DISTRICT YAMUNA NAGAR THROUGH ITS DISTRICT OFFICE AMBALA CITY AND STATE WAREHOUSE YAMUNA NAGAR. THE QUANTITY OF PADDY DULY PURCHASED AS PER PRESCRIBED PROCEDURE IS ENTRUSTED TO THE RICE MILLERS WHO ENTER IN TO AN AGREEMENT WITH THE (HSWC) FOR THE PURPOSE OF MILLING THE SAME AND DELIVER THE CUSTOM MILLED RICE (CMR) TO FOOD CORPORATION OF INDIA AS PER DELIVERY SCHEDULE VIVIDLY MENTIONED IN THE AGREEMENT SUBJECT TO OTHER TERMS AND CONDITIONS OF THE MILLING AGREEMENT. THE MILLER IS LEGALLY BOUND TO KEEP AND MAINTAIN THE STOCK OF PADDY SO RECEIVED AS PER AGREEMENT BEING AN ENTRUSTMENT TILL THE COMPLETE DELIVERY OF CMR TO THE FOOD CORPORATION OF INDIA WITHIN STIPULATED TIME FIXED BY GOVERNMENT OF INDIA/STATE GOVERNMENT. 2. THAT M/S MADAN LAL CO., MUSTFABAD/SARASWATI NAGAR, DISTRICT YAMUNA NAGAR IS A PROPRIETORSHIP FIRM AND SH. MADAN LAL S/O SH. RAMU MAL IS THE PROPRIETOR WHO ENTERED IN TO AN AGREEMENT WITH THE COMPLAINANT THROUGH ITS WAREHOUSE MANAGER DISTRICT MANAGER FOR MILLING THE PADDY DULY PURCHASED FROM MUSTFABAD MANDI DURING KHARIF MARKETING SEASON OF THE YEAR 2023-24 AND 10497.00 MTS PADDY WAS HANDED OVER TO THE MILLER AS PER RECEIPTS DULY ISSUED BY THE MILLER AS PER STATE GOVERNMENT MILLING POLICY OF KMS 2023-24 3. THAT THE MILLER WAS TO DELIVER 7032.99 QTLS. OF CUSTOM MILLED RICE (CMR) AGAINST THE 10497-QTLS OF PADDY AS PER THE T C OF THE MILLING AGREEMENT EXECUTED BETWEEN HIM HSWC THROUGH ITS MANAGER, HSWC YAMUNA NAGAR DISTRICT MANAGER, AMBALA. THE MILLER HAS DELIVERED CMR EQUIVALENT TO 3849.84 QTLS OF PADDY UNTIL 29-05-24 TO FCI. HOWEVER, HE HAS FAILED TO DELIVER ANY FURTHER CONSIGNMENT OF CMR TO THE FCI TILL DATE. THUS, THE HSWC OFFICE ISSUED SEVERAL LETTER AND NOTICES TO THE MILLER AND HIS GUARANTORS FOR ENSURING TIMELY DELIVERY OF CMR TO FCI AGAINST THE BALANCE PADDY. SEEING NO RESPONSE EITHER FROM THE MILLER OR HIS GUARANTOR, A COMMITTEE OF MANAGER, HSWC YAMUNA NAGAR JAGADHARI WAS DEPUTED TO CARRY OUT PHYSICAL VERIFICATION OF THE HSWC. PADDY/RICE STOCK IN HIS PREMISES. ACCORDINGLY, THEY HAVE SUBMITTED THAT THERE IS A SHORTAGE OF 6608.70 QTLS OF PADDY IN THE MILL PREMISES OF M/S MADAN L