Baljeet Singh vs State of Punjab

Alok Singh, J.—This is a petition seeking anticipatory bail in case FIR No. 59 dated 14.03.2011, u/s 406 of the Indian Penal Code, registered at Police Station City Kotkapura, District Faridkot.

Undisputedly, Markfed has stored 82612 bags (weighing 35 Kgs. each) paddy for milling for the year 2009-10 with firm owned by the Petitioner; as per the terms of the agreement, 100% milling was to be done till 31.03.2010 and after shelling, rice is to be returned to the Markfed. Despite extension of time, the Petitioner failed to return good quality rice out of the paddy given to the Petitioner for shelling. On the spot verification, it was found that although 6918 bags of rice (weighing 50 kgs. each) were lying there, which are equal to 14750 bags of paddy (weighing 35 kgs. each), however, taking into account, 14750 bags of paddy and rice returned by the Petitioner, 15150 bags of paddy were misappropriated by the Petitioner. Petitioner despite of repeated demands/notices, has failed to return the entire paddy given to the Petitioner for shelling.

Learned Counsel for the Petitioner has vehemently argued that since there is an arbitration clause and Petitioner can make the deficiency good as per the award, if passed, therefore, no offence can be said to have been made out u/s 406 IPC.

Undisputedly, entire quantity of paddy after shelling was not returned by the Petitioner. Law does not permit any sheller to misappropriate the good quality of rice and to offer minimum price of the rice. Arbitration agreement in every case does not necessarily means that no offence u/s 406 IPC is made out. In the present matter, no award has been passed so far. There is nothing on record to suggest that Petitioner has acted bona fidely while shelling the paddy. In the opinion of this Court, matter requires thorough investigation. I am not inclined to grant extra ordinary discretionary relief of anticipatory bail to the Petitioner.

Dismissed.