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Consideration over case M.Cr.C. No.9919/2015-

24. Contradictions and inconsistencies in statements are matters of appreciation of evidence, and not grounds for quashing proceedings at the stage of charge.

Consideration over M.Cr.C. No.554/2016-

25. The charge-sheet prima facie discloses that the wheat entrusted for delivery was unloaded mid-way and stored in private premises, which attracts Section 407 IPC relating to criminal breach of trust by carrier.

31. Now, this Court is further going into the offence punishable under Section 407 of the IPC in the present context-

32. Section 407 IPC is an aggravated form of criminal breach of trust applicable when the accused acts as a carrier or warehouse-keeper.

33. The essential ingredients are:

(i) Entrustment of property for carriage , and

35. Here in this case, diversion of goods from the assigned route or delivery point by a carrier constitutes criminal breach of trust, even if the goods are not sold as has been held by the Hon'ble Apex Court in the case of om Nath Puri v. State of Rajasthan , (1972) 3 SCC 431 . Unloading entrusted goods at an unauthorized place amounts to conversion in violation of legal direction, attracting Section 407 IPC. Explanations such as weather conditions, mechanical failure or instructions or superiors are pure questions of fact, to be examined during trial and at the charge stage, such defences cannot be accepted as gospel truth.

40. In view of the aforesaid authoritative pronouncements, this Court finds that the allegations relating to entrustment, diversion, unauthorized storage and breach of trust by carriers clearly disclose prima facie offences under Sections 3/7 of the Essential Commodities Act and Sections 406/407 IPC.

41. The defences raised by the petitioners involve disputed questions of fact, requiring appreciation of evidence, and therefore cannot be examined in proceedings under Section 482 CrPC.