409 - I am not incharge of stolen property

Hi every one ,

My brother in law is working in police in the capacity of assistant sub inspector. he was posted in Police station as Thana Mohrir [ Responsible for goverment property like guns, uniforms, regsiters etc]. where as another person was also appointed there as Malkhana Mohrir [ responsible for property captured during cases like, charas, money , vichels etc] .

on 24th December DPO [ district police office] made the visit to their police station, and after checking of cases's property he found 140KG charas missing out of 2720KG [ This charas is 5 year old, some people told me that charas loses its weight every year. and also it become use less after 1 year. right now its like stone]. At the same moment DPO call the DSP of region and ask him to register the FIR against my brother and SHO of police station.


DSP makes the surprise visit to police and found that 140KG charas is missing. Through some reliable source  we came to know that ASI sadaqat ali [ my bro involve in this ]. so they registered  FIR against my brother  u/s 409, and arrested him on the spot.


so he was arrested on 25th december but presented to court on 27th December stating that we capture him on 26th evening/ 27th Morning.

Note: 40KG charas is recovered next day from Malkhana, so now total charas missing

Evidence Against him.

after registeration of FIR they produce two false witness. let me tell you  their statement.

Witness 1:

he stated that i saw ASI sadaqat ali taking away charas on 20kg on 26th november [ one month before FIR registeration]. he took that charas to home.


Witness 2:

I was on leave on 26th nov but when i came back on 28th novemebr i heard the rumor in ploice stattion that sadaqat ali took away 100KG charas. this witness himself is assistant thana mohrir


what you see the value of these witnesses. witness after the registeration of charas and after one month when according to them misplacement took place.

2nd arrest:

They arrested the mohrir malkhana on 29th Novemebr.



police stated that both Mohrir Malkhana and Thana accepted the allegation and told us that they took away 40KG charas which we placed again in Malkhana after FIR is registered. [ which is totally wrong]

Mean the charas found next day , now they are attaching that with them as recovery where as my brother was arrested at the spot. [ we have two witness for this ] and also there are news on news paper and tv chanels , on 25th december  those also mentioned that ASI sadaqat ali was arrested at spot

Question: can we use newspaper and TV chanels news as evidence, that he was arrested on 25th not on 26/27

after first hearing anti corruption judge transfer the investigation from police to anti corruption department and asked them to submitt their challan to anti corruption department.


Session judge dismiss the poest arrest bail stating that huge quantity is still missing and on prime facia both pationter seems invloved in misplacement of charas. He asked th anti corruption department to submitt complete their investigation and submit the challan as soon as possible. he did not mentioned the point submitted by anti courrption department.

Question: is judge is waiting for their investigation to complete so then he will include their findings, this thing is most confsing to me. According to Anti corruption deprt police investigation is suspicious.


My brother is in jail and he is innocent kindly suggest me what i should do next.

1- should we go to High Court for Bail, and what you see how many chances we have. btw he was on remond for 11 days and no recovery is found except 40KG more charas from sealed malkhan.


2-Should i wait for Anti corruption to complete their investigation and submitt their challan, as some of their points can favour us.


3- should i go againt the FIR. as my brother was not the incharge of case property which is missing. and witness police produced are false witness.


you can imagine the situition we people are facing.





YOU Should wait for Anti corruption to complete their investigation and submitt their challan/ THEN APPLY FOR BAIL & QUASHING FOR F.I.R.


what about news to use as evidence to prove exact time of arrest. and also what is you get from this case. is 409 applicable on my brother as he is not incharge and they are invlolving him due to departmental ploitics.


you must file all evidence with u before the investigating aggency

Adv Rajesh Kasrija


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