Both Sections 405 and 420 of the IPC operate in distinctly different domains i.e. entrustment versus inducement. Section 405 deals with entrustment, where the victim places trust in the accused by entrusting property, and any breach of this trust by the accused directly hurts the victim. In contrast, Section 420 pertains to inducement, where the accused actively approaches the victim, often through misrepresentation or deception, leading the victim to mistakenly believe in his honesty and part with their property under false pretenses/inducement. Therefore, entrustment centers on a breach of existing trust, while inducement involves deceit from the outset.

Order

1. Yet another case is before this Court, where the dispute between the parties is though out rightly civil in nature, but in misuse of powers by rather over compliant police officials, obviously to help the complainant, an FIR has been registered for alleged offences under Sections 420 and 406 of IPC, giving the entire case a color of criminal culpability, where none exists. No preliminary enquiry of any kind was carried out. Complaint received in the police station was simply converted into an FIR. More of it later.

2. Briefly speaking, shorn of unnecessary details, the relevant facts of the case leading to the institution of the present petition, are as under:-

2.1. An FIR No.319/2024 dated 20.06.2024 was registered at Police Station Subhash Nagar, Bhilwara on the report lodged by the respondent No. 2/complainant Shiv Kumar Mandovra against Ram Kishore Jhanwar and Narendra Jhanwar for alleged offences under Sections 406 and 420 IPC. Gist of his allegations is that they purchased goods (Guar Gum) and did not pay for the same despite delivery.

2.2. Investigation ensued. During the investigation police seized the goods namely Guar Gum stated to be weighing a total of about 47,815 Kgs. valued at a total amount of Rs.25,54,807/-. It transpires that during investigation of the case, the goods in question were seized/recovered from the premises of the present petitioner. The same are now in the possession of the police.

2.3. The petitioner is before this Court seeking release of the said goods, which is a perishable commodity. He states that he is a bonafide purchaser of the goods and paid price thereof against written receipt issued by one Mr. Narendra Jhanwar (co-accused in the FIR).

3. I have heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Public Prosecutor and also perused the case file, in particular the contents of the FIR.

4. Before adverting to the merits of the case and expressing my opinion thereon, it is deemed appropriate that contents of the FIR be seen. Translated version thereof is as below:-

To, SHO, Police Station-Subhash Nagar, Bhilwara Complainant- Shiv Kumar Mandowara Subject -Regarding lodging a report and taking legal action.

Sir, I, the complainant, submit this FIR and state the following:

I am engaged in the business of grains under the name and style of Sanwariya Traders. The accused, Ram Kishore Jhanwar and his son Narendra Jhanwar, frequently visited my shop as brokers, and their firm operates under the name M/s. Ramkishore Jhanwar and Company, Anaj Mandi, Basni, Jodhpur. Accused Ram Kishore is a resident of Beawar and often visited Bhilwara, gaining my trust over time.

On 21/05/2024, the accused inquired about the price of grains and guar over the phone, to which I quoted Rs. 5,421 per ton. Following this, they instructed me to load the goods under the name of Saran Brothers, Jodhpur, and send it. Acting on their instructions, I arranged for 26,035 kg. of guar, worth Rs. 14,11,357/-, to be loaded onto vehicle number RJ-19-GB-9556. The goods were sent along with the weighing slip (bilti) and bill of lading, which the accused received and unloaded, with a promise of prompt payment.

Subsequently, the accused requested another load of goods in the name of Aman Enterprises, Jodhpur, and instructed that a bill of lading be made. Accordingly, on 12/06/2024, I loaded 21,780 kgs of goods valued at Rs. 11,43,450/-, at a rate of Rs. 5,250/- per kg. into vehicle number RJ-19-GD-8641 and sent them with the bill of lading. The goods were unloaded at Om Product Warehouse, F-176, Boranada, belonging to Arjun Ji Rathi.

I requested payment for the total amount of Rs. 25,54,807/- for both transactions. However, instead of paying the due amount, the accused blocked my phone number. Concerned, my son and I travelled to Jodhpur, where we discovered that the accused had fraudulent intentions from the beginning. They aimed to cheat me by purchasing goods in the name of another firm and