took the charge as godown-keeper. It is further brought to my notice that received commodity are entered into register on the basis of truck load received and the bags which were unloaded from the truck and likewise register of outgoing articles were maintained in the said godown. It is contended across the bar that weight of bag is not equal like the weight of bag containing sugar i.e. 80 Kg. to 100 Kg. As against this, according to learned A.P.P. appearing for the State, weight of each bag is about 50 Kg. Initially, this Court was not in agreement with these submissions submitted on behalf of the applicant as well as on behalf of the A.P.P. When questioned that how the earlier deficiency was noted which is not in the round figure but showing something otherwise, at that time to satisfy the query of the Court, it is the answer of the applicant that during the transport there is every likelihood that some food grains might have fallen out of the bags due to which there is reduction at the time of checking. Today when the same query was put to the counsel for the applicant and prosecution also it is informed that at the time of inspection, only guny gas were counted and no physical weight was taken and hence the difference was noted. The registers are in the custody of investigating officer, and hence there is no necessity for custodial interrogation of the applicant. In premise, the applicant deserves to be enlarged on anticipatory bail in exercise of the discretion of this Court.
