private compliant
N.J. MISHRA
(Querist) 08 October 2010
This query is : Resolved
PLEASE ADVICE ME
A INDIAN CITIZEN MASTER WAS FOUND DRUNK ON THE SHIP AND WAS ARRESTED BY THE PORT POLICE AT U.K. IN THE 1ST WEEK OF SEPTEMBER, IN THE MONTH OF AUGUST 1ST WEEK A COMPANY HANDED OVER USD 25,000/- TO THE MASTER AS A DAY TO DAY SHIP EXPENSES. AS ON 31ST AUGUST CLOSING BALANCE WAS USD 6,500/-. BEFORE HIS ARREST THE BALANCE AMOUNT WAS IN HIS CUSTODY. HE HAS NOT REFUND OR GIVEN ANY DETAILS OF THE AMOUNT TO THE COMPANY . AT THE TIME OF HIS ARREST HE COULD NOT TAKE HIS BELONGINGS AND LATER ON AT HIS REQUEST THE POLICE TOOK ALL HIS BAGGAGE. THE COMPANY IS ASSUMING THAT THE AMOUNT MIGHT BE THERE IN HIS BAG. LATER ON HE WAS RELEASED BY THE COURT IN U.K. BY PAYING FINE. WHEN COMPANY CONTACTED HIM AND DEMANDED THE MONEY OF USD 6,500/- HE SAID THE AMOUNT WAS IN THE SHIP, BUT THE SAME WAS NOT FOUND IN THE SHIP. COMPANY IS OF THE OPINION THAT NOT DISCLOSING THE REAL FACTS.
pawan sharma
(Expert) 08 October 2010
Company may hold inquiry against him or make FIR against him in india or according the law of the U.k.
N.J. MISHRA
(Querist) 08 October 2010
WILL SEC 403 OF I.P.C. WILL BE APPLICABLE WHICH IS MISAPPROPRIATION OF PROPERTY (MOVABLE)
Raj Kumar Makkad
(Expert) 08 October 2010
FIR under section 403 IPC can also be lodged against uch Master but it shall be a good step, if thorough departmental enquiry is made first before proceeding further on such path.
s.subramanian
(Expert) 09 October 2010
You can complain under Sec.406 IPC for misappropriation.
Advocate. Arunagiri
(Expert) 09 October 2010
The question of statement of accounts and balance cash should have been asked prior to arrest or during the arrest. If the question was asked he would have told that the same is in the ship and he could have handed over the same. But, now the master was removed from the supervisory capacity and there is every chance some body else could have taken the money from the ship.
So, the question of balance cash should have been asked earlier. This would have solved the issue very easily.
