HC refuses to grant bail to accused for alleged misappropriation of about Rs.9 crore worth Rice; says such offences disregard well-being of society

Read Order: Satish v. State of Haryana

LE Staff

Chandigarh, September 29, 2021: While denying anticipatory bail to the accused-petitioner in a case pertaining to alleged misappropriation of about Rs. 9 crores worth rice, the Punjab and Haryana High Court has affirmed that such offences as the present are committed for personal profit disregarding the well-being of the society causing huge loss to public exchequer.

The petitioner had filed the present petition for grant of anticipatory bail in a case pertaining to an FIR under Sections 406 of the IPC registered at Police Station Chappar, District Yamuna Nagar at Jagadhri.

The FIR in question was registered on the complaint of Assistant Food and Supply Officer, Jagadhri, wherein it wasalleged that the Department had executed an agreement for shelling of paddy with M/s Desh Raj Rice Mill, Bhamboli, the firm belonging to the petitioner, for the crop of Kharif 2019- 20. For this purpose, 81276.70 quintal paddy was allotted to the Rice Mill by the Food Department. 

On physical checking, 300 quintal was found less and amount of the said loss was got deposited by Rice Miller. As per agreement, out of 80946.70 quintal paddy crop, 54234.29 quintal rice was to be deposited with Bhartiya Khadya Nigam by the petitioner. However, till October 15,2020 only 27252.51 quintal rice was delivered and 26981.78 quintal still remained to be delivered. Despite repeated requests and the communications, the shortfall was not made good. It wasalleged that the approximate value of undelivered rice is Rs.9,80,12,270.

The counsel for the petitioner contended that the complainant-Department had already initiated recovery proceedings against the petitioner vide which the land, building, plant and machinery belonging to the petitioner worth over Rs.20 croreshad already been attached and the process of auctioning the same so as to recover the outstanding dues was under way. 

It was further argued that the department had already encashed fixed deposit of Rs.15 lakhs deposited by the petitioner at the time of entering into the agreement and the matter, which was purely of civil nature, was being given criminal colour.

The Bench of Justice Harinder Singh Sindhu stated that aswas evident from the record that there were direct allegations that the petitioner was allocated 81276.70 quintal paddy by the Department. The petitioner has been alleged to have misappropriated 26981.78 quintal rice, the approximate value of which is Rs.9,80,12,270/- and caused a huge loss to the public exchequer.

“ It is a component of the nation’s efforts to eliminate hunger and malnourishment. Such offences as the present are committed for personal profit disregarding the well-being of the society causing huge loss to public exchequer”, noted the Bench.

Observing that the custom milled rice is meant for use in the Public Distribution System and various schemes for the benefit of the most marginalized and vulnerable sections of society including Below Poverty Line families, pregnant women and children, the Court dismissed the petition.