SUDERSHAN KUMAR VERSUS STATE OF HIMACHAL PRADESH

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1403 OF 2011

SUDERSHAN KUMAR …..APPELLANT(S)

VERSUS

STATE OF HIMACHAL PRADESH …..RESPONDENT(S)

Prosecution case is that on May 30, 2003, Shri Hari Chand (PW-14),Deputy Superintendent of Police (Vigilance), received secret information that a truck was being loaded with wheat bags at the Corporation’s Depot at Chambaghat and that the wheat was to be carried to the flour mill of A-3 in an illegal and unauthorized manner. The wheat was, in fact, meant for distribution to the persons living below poverty line and it could not have been sold to anybody else. PW-14 deputed Sub Inspector Shri Bheem Singh (PW-11) to verify the information received by him. PW-11 then went to Chambaghat and found that wheat was being loaded in Truck No. HP-14-6189. He returned to the office of PW-14 at Solan and informed him about what he had seen. Soon, Truck No. HP-14-6189 appeared on the National Highway from the side of store of Corporation at Chambaghat. It was followed by PW- 14 in a Government Gypsy. He was accompanied by PW-11 and some other police officials. Truck crossed Solan town and proceeded towards Deonghat. It stopped behind two trucks which were already parked near the flour mill of A-3. PW-14, accompanied by PW-11 and other police officials, deboarded their vehicle and went to the site where the truck had been stopped. Driver of the truck, namely Shri Duni Chand(PW-2), was in driver’s seat. A-4 was in the driver’s cabin. There were no papers regarding transportation of wheat available with the driver. On enquiry, the driver told that the wheat had been loaded at the instance of A-4 who claimed that the papers were with him. Wheat bags loaded in the truck were counted and they were 130 in number….read more