High Court of Punjab and HaryanaCRM-M/25935/2021allowed

Javed @ Jabid v. State Of Haryana

2021-09-27Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:27.09.2021 JAVED @ JABID ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr.Afzal Hussain, Advocate for the petitioner.

Mr.Rajat Gautam, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.78 dated 27.05.2021 registered under Sections 407/34 IPC at Police Station Rozka Meo District Nuh (Mewat) On 08.07.2021, following order was passed by this Court:- " The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner contends that the petitioner was only a cleaner on the truck owned by the complainant in which consignment was

-2brought for Amazon Company from Lucknow to Jamalpur (Gurgaon). In the Jamalpur Warehouse, 135 smart phones were found missing in the shipment. FIR was registered by the owner of the truck. Amazon company did not come forward to lodge any complaint to the police. The shipment was loaded on 11.05.2021 and duly delivered on 12.05.2021 under delivery note of concerned official of Amazon Warehouse, Jamalpur (Gurgaon). When any loss or damage is detected after delivery and the same is reported after departure of the driver, then the same is considered as "concealed" and for a concealed freight claim, the claimant can file concealed damage claim within 05 days. No such claim has been filed by Amazon. The complaint has been filed after a delay of more than 14 days from the delivery of consignment.

It has been wrongly alleged that the petitioner is also one of the drivers, but the petitioner has no driving licence and was only working as a cleaner. Ingredients of offence under Section 407 IPC are not attracted as no entrustment of articles was made to the petitioner. A delivery certificate was issued by Amazon Company wherein no remark regarding any shortage or damage was mentioned.

Notice of motion for 27.09.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 14.07.2021 at 11.00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail

-3bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion in the merits of the case. The case shall be decided on the merits on the adjourned date."

Learned State counsel, on instructions from HC Naresh Kumar, submits that the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and he is no more required for further investigation in the case. In view of statement made by learned State counsel, the interim order dated 08.07.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 27.09.2021 JUDGE anita Whether speaking/reasoned Yes/No Whether reportable Yes/No