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

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7630. In respect of accused Surendra Nath Sinha and Basant KumarSinha, the prosecution is that the accused Surendra Nath Sinha wasProprietor and Managing Director and accused Basant Kumar Sinha was theDirector of M/s Inter Pharmaceuticals (I) Pvt. Limited, Patna. From Ext.2/873 to 2/893 of fake invoices and vouchers alleged to be submitted by M/sInter Pharmaceuticals (I) Pvt. Limited, Patna without supply of medicine.From Ext. 3/86 to 3/88 are fake Bills, which were prepared on the basis offake vouchers and in connivance with other co-accused persons Rs.97,313=00 (Ninety-seven thousand Three hundred and thirteen) wasillegally withdrawn from the Government Treasury. This amount wasreceived by the Bank Draft. The Bank Draft is Ext. 30/56 and Pay-in-Slip isExt. 29/4. This amount was deposited in the Bank Account of M/s InterPharmaceuticals (I) Pvt. Limited, Patna. Bank Account Opening forms areExt. 31/4 to 31/5 and the Ledger Sheet of Bank Statements are Ext. 32/4 to32/5. The Specimen Signature of accused Surendra Nath Sinha and accusedBasant Kumar Sinha were taken as Ext. 98/141 to 98/147 and Ext. 98/166 to98/185 are specimen signature of the above accused persons respectively.The Report of Government Examiner of Questioned Documents (G.E.Q.D.)confirmed the signature of these accused persons. Ext. 51 is ManufacturingChart Register. Ext. 52 and 52/4 are receipt for purchasing of materials.From Ext.53 to 53/65 are vouchers and Ext. 54 and 54/119 are Plan Book.From Ext. 55 to 55/11 are Challan Book and from Ext. 56 to 56/2 areTransport Challan to show the materials purchased fake vouchers were used.The owner of the firm has given information that the vouchers are notbelonged to his firm.P.W. 9 Sidharth Choudhary stated in para-4 that he had replied to theCBI vide Letter Ext. 15/15 that his medical company has not supplied anymedicine to M/s Inter Pharmaceuticals (I) Pvt. Limited, Patna. Further inpara-8, he stated that invoices of M/s Inter Pharmaceuticals was not suppliedto this firm.P.W. 12 Pradip Kumar Ghosh is Chemist stated in para- 4 that M/sInter Pharmaceuticals (I) Pvt. Limited has not sent any sample for test. Heproved Ext. 20 i.e. Oral Liquid Sample Register. Ext. 23 this register showthat no any sample was forwarded for the Test. The firm was not
77manufacturing medicine which was shown to supply in the AnimalHusbandry Department.P.W. 40 Sri Mohan Benani doing business in chemical examination.He stated in para-2 that he is running an office Gourav chemical in hisancestral house 23 stand Road, Calcutta. This house is three storied and that32/35 rooms. Further in para-3 he stated that in his ancestral house there isno any office in the name of Super Chemical 23/24 Stand Road, Calcuttaand Krishna Containers 23 Stand Road, Calcutta that offices were notopened in his house on rent.P.W. 43 Jawahar Lal Sinha, employee of State Bank of India stated inpara-8 and proved one Bank Draft (Ext. 30/56) in the name of M/s InterPharmaceuticals (I)Pvt. Limited, Patna.P.W.45 is Praful Kumar Choudhury, Branch Manager of S.B.I. hasproved the Pay-in-Slip (Ext. 29/4) through which the amount of draft wasdeposited in the Bank Account of M/s Inter Pharmaceuticals (I) Pvt.Limited, Patna.P.W. 51 Gautam Banerjee, employee of State Bank of India provedthe Account Opening Form of M/s Inter Pharmaceuticals (I) Pvt. Limited i.e.Ext. 31/4 and 31/5. He also proved the certified copies of Ledger Sheets ofthe statement of Account i.e. Ext. 32/4 to 32/5.P.W. 80 Jitendra Kuamr Sinha is Ex-Manufacturing Chemist of M/sInter Pharmaceuticals (I) Pvt. Limited. In para-3 he proved the certified copyof Manufacuting Chart Register i.e. Ext. 51. He also proved 12 Test Reports.The certified copy of Test Reports have been marked as Ext. 52 to 52/11. Inpara-5 he stated that manufacturing chart report Ext. 51 for the period of3.8.91 to 8.3.94 is not the original and this chart was prepared by thiswitness under the direction of Managing Director and the Director. Furtherhe stated that in this Register the actual quantity of medicine has been shownenhanced under the direction of Managing Direct and the Director. Thatenhancement was written under pressure. This charge was prepared after theinstitution of Fodder Scam Cases. Further he proved 66 vouchers regardingpurchase of Raw-materials. The certified copies have been marked as Ext.53 to 53/65 all are certified copies. The original 120 vouchers have beenmarked as Ext. 54 to 54/119. Further he stated that from perusal of Challannumber it can be ascertained that how much quantity of medicine was sent to
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
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7nineteen) during the years 1990-91
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9Godda and dishonestly received the
Page 11 and 12:
11Husbandry Office, Godda and disho
Page 13 and 14:
13then becomes the responsibility o
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15to the first hand information of
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1702. 1991-92 Rs.1,55,000=00 Rs.42,
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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: 75The Account was opened in the nam
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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