This petition is directed against the Police investigation in connection with Dispur Police Station Case No. 476 of 1982 which was registered on the first Information Report lodged by Sohanlal Choudhury on behalf of the Delhi Haryana Roadways Corporation, Beltola Godown, National Highway, Gauhati, under section 497IPC alleging that on 17.7.82 a total of 249 black tea chest was delivered by the informant at Beltola, Gauhati to the accused-petitioners, namely Jagadish Chandra, driver of truck No. MPU-5059 and owner of the truck Shri Narendra Kumar Nagar for transport of the same to Bombay under the C. N. No. 45043 and 45044 dated 9.7.82. The value of the goods was declared to be Rs. 1,70.000/- and the weight of the goods was approximately 12 M.T. It was further alleged that normally it takes two weeks time for a roadway-truck to reach Bombay from Gauhati. But till 18.8.82 the goods were not delivered at Bombay as directed nor could any trace of the truck and the goods be found. It was further alleged that the aforesaid driver and owner of the truck committed criminal breach of trust with respect to the goods entrusted to him. On this information the Police Case was started. Petitioner Narendra Kumar, accused in the Police Case, was arrested at Indore and produced before the Chief Judicial Magistrate there who directed him to appear before Court of the Chief Judicial Magistrate at Gauhati. But due to illness of the peti­tioner, time was extended by the learned Chief Judicial Magistrate, Indore for appearance of the petitioner before the Court of the Chief Judicial Magistrate, Gauhati ultimately fixing 22.11.82 as the date for appearance. Thereafter this petition was filed for quashing the Police investigation. 2. Learned counsel Mr. Goswami for the petitioner submitted that the truck left Gauhati on 17.7.82 or shortly thereafter with the goods as stated in the FIR. After some days of driving the truck reached Shirpur in Maharastra State and the driver halted there for the night. After passing the night there in front of a hotel with the truck parking at a nearby place the driver and his assistant found the truck missing in the morning. The driver lodged an FIR on 26.7.82 alleging the incident of missing of the truck. That matter is under Police investigation in Indore. After passing the night there in front of a hotel with the truck parking at a nearby place the driver and his assistant found the truck missing in the morning. The driver lodged an FIR on 26.7.82 alleging the incident of missing of the truck. That matter is under Police investigation in Indore. Shri Goswami assails the investigation by Gauhati Police on the ground that the Gauhati Criminal Court had no jurisdiction over the alleged offence under section 407 IPC in case of a carrier. His case is that the Court in Maharastra has jurisdiction over the alleged offence under section 407 IPC. In this connection, he referred to Public Prosecutor vs. Odiman Beary: AIR 1928 Madras 1136. In that case it was held that the case under section 407 IPC was to be tried or investigated in the Court within whose jurisdiction the applicant's destination of the goods to be delivered lay. But it was an appeal against conviction and sentence passed against the appellant. In that case the time and place of the criminal breach of trust or of misappropriation could not be ascertained by evidence. Therefore, the High Court found that under the circumstances it must be held that the offence was committed at the place of the destination inasmuch as failure to deliver the goods at the place of destination was the only evidence of the misappropriation. Mr. Choudhury, learned counsel for the O.P. pointed out the distinction between the present case and the aforesaid Madras case and submited that the present case is under police investigation in which the Police is collecting evidence of the alleged offence. There is a distinction between this case and the Madras case and according to him the Madras case cannot be of any help to the petitioner. He relied on Bangsilal vs. Rautmall (F.B.) AIR 1951 Assam 131, in which it was held that the offence of criminal breach of misappropriation under section 406 IPC can be enquired into or tried by a Court within whose local jurisdiction the property was received. Learned counsel also relied on the provisions of sub-section (4) of Section 181 Cr. He relied on Bangsilal vs. Rautmall (F.B.) AIR 1951 Assam 131, in which it was held that the offence of criminal breach of misappropriation under section 406 IPC can be enquired into or tried by a Court within whose local jurisdiction the property was received. Learned counsel also relied on the provisions of sub-section (4) of Section 181 Cr. P.C. wherein it is clearly stated that any offence of criminal misappropriation or of criminal breach of trust may be enquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of offence was received or retained or was required to be returned or accounted for by the accused person. Shri Goswami, learned counsel, however, distinguished between criminal breach of trust alleged to have been committed by a carrier and by any other person; but the terms of sub-section (4) of Sec­tion 181 Cr. P. C. make no such distinction and are quite gene­ral in their application. As regards the investigation of the case on the FIR lodged by Jagadish Chandra, driver of the truck in Shirpur Police Station on 26.7.82, the facts of the information are quite different from those of the present case, i.e. the case which is under investigation by Gauhati Police. The present case was initiated by the owner of the goods but the Shirpur Police Station case was started at the information lodged by the driver of the truck concerned on alleged missing of the loaded truck. So it cannot be said that the investigation of the Shirpur Police Station case will cover up the investigation that is challenged in this petition. 3. In view of the aforesaid discussion I find no reason to quash the investigation. Hence the petition is rejected.