Superdari - Keeping the Vehicle either with the Mill People or with Police is doing loss to the owner of that vehicle, Vehicle be released

Superdari - Keeping the Vehicle either with the Mill People or with Police is doing loss to the owner of that vehicle, Vehicle be released on superdari

PUNJAB AND HARYANA HIGH COURT

Before :- M.L. Singhal, J.
Criminal Misc. No. 5554-M of 1996. D/d. 18.4.1996

Biru Singh - Petitioner
Versus
State of Punjab - Respondent


For the Petitioner :- Surjit Singh, Sr. Advocate and Vikas Singh, Advocate.
For the Respondent :- Rajesh Girdhar, AAG, Punjab.

Criminal Procedure Code, 1973 - Section 482 - Superdari - Offence under Sections 420/406/467/498 I.P.C. - Excess payment was manocuvered for delivery of Sugar Cane which was not weighing that much for which payment was manocuvered - Payment was manocuvered for much more sugar cane than its weight - Tractor trolly is lying at the Mills' premises, people who are using that tractor trolly are using that tractor trolly without any right - If the police is keeping that tractor trolly that is without there being any benefit to the cause of investigation, keeping the tractor trolly either with the Mill People or with the police is doing loss to the owner of that tractor trolly - Ordered that tractor trolly be released on superdari to the satisfaction of the Illaqa Magistrate/Duty Magistrate. [Paras 1, 2 and 3]

JUDGMENT


M.L. Singhal, J. First Information Report No. 8 dated 10.1.1996 was registered under Section 420/406/467/498 of the Indian Penal Code at P.S. Patran against Sukhdeep Singh s/o Jagpal Singh and others.

2. According to the prosecution sugar cane growers in connivance with the employees of the Piccadly Sugar Mills Patran were receiving money in excess of the weight of the sugar cane being delivered by them to the said Mills and sometimes they received money for Singh fake deliveries sugar cane. On 24.12.1995, Sukhdeep Singh s/o Jagpal Singh took Tractor No. No. PB-42-4624 with sugar cane loaded in it. According to the Director, Piccadly Sugar Mills, Patran excess payment was manoeuvered for delivery of Sugar cane which was not weighing that much for which payment was manoeuvered. Payment was manoeuvered for much more sugar cane than its weight. The said tractor trolly is lying at the Mills premises since 24.12.1995. People who are using that tractor trolly are using that tractor trolly without any right. If the police is keeping that tractor trolly the without there being any benefit to the cause of investigation, tractor trolly either with the Mill people or with the police is doing loss to the owner of that tractor trolly.

3. It is, therefore, ordered that tractor trolly shall be on superdari to the satisfaction of the Ilaqa Magistrate/Duty Samaria.

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