Fooder scam Judgement given by Sri G. K. Singh Spl. Judge VII CBI ...

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16Animal Husbandry, Dumka by Rameshwar Choudhury, the then Head Clerkof that office in connivance with Dr. Shesh Muni Ram. RameshwarChoudhury also prepared some of these fake sub-allotment letters knowingfully well the fake nature of those letters and was in turn signed by Dr. S.M.Ram. Dr. Shesh Muni Ram procured relevant documents related with thefraudulent withdrawals made by the DDOs including DAHO, Sahebganj onthe false plea of PAC enquiry and caused disappearance of some of thosedocuments. Investigation further discloses that during 1995-96 to fakeallotment letters were used. Both the fake allotment letters were prepared asper the direction of Dr. S.B. Sinha and he himself distributed those fakeletters among the DDOs of his choice. The fake allotment letter No. 3969dated 26.7.95 and 3971 dated 26.7.95 shown above in the chart were signedby Sri Braj Bhushan Prasad and dispatch Nos. on these were written byMahendra Prasad. DEQD opinion is positive in this regard.Thus, against genuine allotment of Rs. 1,55,000=00 receivedvide five genuine allotment letters during 1991-92 an amount of Rs.43,16,793=47 was fraudulently and dishonestly withdrawn by passing 100fake medicines/fodder bills of accused suppliers on the strength of one fakeallotment and five fake sub-allotment letters worth Rs.5,00,000=00 and Rs.36,25,000=00 respectively as stated above under minor head 101(3) materialsupply.Similarly, during 1992-93, against genuine allotment of Rs.1,05,000=00 allotted vide two letters under 101(3) material supply;Rs.30,000=00 allotted vide three allotment letters under 102(4) materialsupply machines and other expenses; and Rs. 46,000=00 allotted vide twoallotment letters under 101(5) material supply an amount of rs.27,19,726=50 was fraudulently withdrawn against fake medicine billspassed on the strength of those letters as well as five fake sub-allotmentletters issued by S.M. Ram worth Rs. 25,50,000=00. In 1995-96 againstgenuine allotment of Rs. 60,000=00 under 101(3) material supply receivedvide three allotment letters an amount of Rs. 6,02,630=00 was fraudulentlywithdrawn against two fake allotment letters worth Rs.5.35 lakh by passing16 fake medicine bills of different supplier firms. Thus, the story of genuineallotment, fake allotment and fraudulent withdrawals may be summarized asfollows:-Sl. Financial Total Genuine Total fake Total Allotment Total FraudulentNo. Years allotment allotmentwithdrawals01. 1990=91 Rs.3,10,000=00 - Rs.3,10,000=00 Rs.3,15,278=47
1702. 1991-92 Rs.1,55,000=00 Rs.42,25,000=00 Rs.42,80,000=00 Rs.43,16,793=4003. 1992-93 Rs.1,81,000=00 Rs.25,50,000=00 Rs.27,31,000=00 Rs.27,19,726=5004. 1995-96 Rs.60,000=00 Rs.5,35,000=00 Rs.5,95,000=00 Rs.6,02,630=00During investigation sufficient evidences and materials have beencollected by the Central Bureau of Investigation against all the accusedpersons and lastly Charge-Sheet has been filed on 08.03.2000 U/Ss. 120-Bread with Section 420/467/468/471/477-A/201 of the Indian Penal Code andU/Sec. 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act,1988 against all the above named accused persons and others.Accordingly, cognizance has been taken on 08.03.2000 by theSpecial Judge, CBI (AHD Scam), Patna.04. It is important to mention here that Charge-sheet was submittedagainst thirty-eight (38) accused persons, out of them two accused namelyM/s Mastrin Pharmaceuticals Pvt. Limited and M/s Inter Pharmaceuticals (I)Pvt. Ltd. were Firms. There Proprietors namely Krishna Murari Prasad andSurendra Nath Sinha have also been made accused in the Charge-Sheethence, the name of these two firms have been excluded from the Column ofaccused persons. After excluding the above named two firm, out of 36accused persons, six accused persons namely (1) Dr. Md. Wasimuddin,D.A.H.O., Sahebganj; (2) Dr. Jugal Kishore Singh, D.A.H.O., Sahebganj;(3) Dr. Shesh Muni Ram, Regional Director, AHD, Dumka; (4) LaxmiNarayan Singh, Treasury Officer, Sahebganj; (5) Dr. Shyam Bihari Sinha,Regional Joint Director, AHD, Ranchi and (6) Sutughan Hassa, TreasuryOfficer, Sahebganj expired and their names have been expunged. Oneaccused persons Sushil Kumar Jha, Proprietor of M/s Gauri Distributors,Bhagalpur pleaded his guilt and accordingly he was convicted. Threeaccused persons namely (1) Shailesh Prasad Singh, Proprietor of M/s ShaktiPharmaceuticals, Bhagalpur, (2) Shiv Kumar Patwari, Proprietor of M/s ShivKumar Patwari, Dumka and (3) Rameshwar Choudhary, Head Clerk,Regional Director Office, AHD, Dumka have been made Approvers. Atpresent the above named twenty-six (26) accused persons are facing trial inthis case.
Page 1 and 2: District-Ranchi Dated Ranchi the da
Page 3 and 4: 324. Smt. Chanchala Sinha,Proprieto
Page 5 and 6: 5(i) Accused Braj Bhushan Prasad st
Page 7 and 8: 7nineteen) during the years 1990-91
Page 9 and 10: 9Godda and dishonestly received the
Page 11 and 12: 11Husbandry Office, Godda and disho
Page 13 and 14: 13then becomes the responsibility o
Page 15: 15to the first hand information of
Page 19 and 20: 19P.W. 18 Ramji Rai, Retired Inspec
Page 21 and 22: 21P.W. 82 Bhola Nath Choudhury, Emp
Page 23 and 24: 232/376 to 2/396 PW3 Voucher(21) an
Page 25 and 26: 252/1130 Patna2/1131 to2/11392/1140
Page 27 and 28: 273/28 PW3 Bill No. 334(C)/91-923/2
Page 29 and 30: 293/106 PW3 Bill No. 132(C)/95-963/
Page 31 and 32: 3113/2 PW3DAHO, SahabganjApproved R
Page 33 and 34: 3315/65 PW9015/66 to 15/74 PW9015/7
Page 35 and 36: 3525/7 to 25/8 PW20 2 Sub allotment
Page 37 and 38: 3735 PW39 Partnership Deed36 to 36/
Page 39 and 40: 3998/153 to98/16598/166 to98/18598/
Page 41 and 42: 41that on fake allotment letters ex
Page 43 and 44: 43allotted to DAHO, Sahebganj out o
Page 45 and 46: 45his deposition he has given full
Page 47 and 48: 47Treasury after making entries in
Page 49 and 50: 49the Treasury it was his duty to d
Page 51 and 52: 51persons. They have prepared forge
Page 53 and 54: 53P.W. 59 Dr. Dhanik Lal Mandal, TV
Page 55 and 56: 55In this respect, P.W. 23 Dr. Dula
Page 57 and 58: 57Gupta, Accountant, Sahebganj Trea
Page 59 and 60: 59P.W. 4 Satya Sadhan Chatterjee is
Page 61 and 62: 61this Accountant but under conspir
Page 63 and 64: 63informed the CBI that M/s Bihar S
Page 65 and 66: 65name of his firm M/s Samarpan Vet
Page 67 and 68:
67Husbandry Office, Sahebganj in th
Page 69 and 70:
69In this respect, P.W. 16 Arun Kum
Page 71 and 72:
71This accused has stated in this d
Page 73 and 74:
73Authority, Patna in R.C. 45/96, S
Page 75 and 76:
75The Account was opened in the nam
Page 77 and 78:
77manufacturing medicine which was
Page 79 and 80:
79that from the year 1990-96 no one
Page 81 and 82:
8133. Accused Smt. Chanchala Sinha
Page 83 and 84:
83any Branch at Sahebganj for carry
Page 85 and 86:
85Officer-in-Charge Town P.S. Saheb
Page 87 and 88:
87In the above circumstances, I fin
Page 89 and 90:
89infirmities and discrepancies. He
Page 91 and 92:
91has been shown by the Suppliers f
Page 93 and 94:
93the firm was opened in his name b
Page 95 and 96:
95Considering all these evidences,
Page 97 and 98:
97sons are unemployed and pension i
Page 99 and 100:
99period of one (1) year and also t
Page 101 and 102:
101Rigorous Imprisonment for a peri
Page 103 and 104:
103he shall further undergo Simple
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Fooder scam Judgement given by Sri G. K. Singh Spl. Judge VII CBI ...

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