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

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84he proved Pay-in-Slip dated 28.3.92 that has been marked Ext.29/2 and 29/3.By the use of these Pay-in-Slip 17 Drafts in each pay-in-slip an amount ofRs.7.30,960=00 and 7.92,960=00 was deposited in the Punjab NationalBank.P.W. 47 is Anand Prakash Sinha. He is a Bank officer of State Bankof India. In his presence the Bank Draft of Baishnav Enterprises was seizedand seizure memo was prepared. He proved the seizure memo Ext. 16/13.He also proved Ext. 15/24 i.e. a letter written by him to the Inspector of CBIand information was given through this letter that no any Account of M/sBaishnav Enterprises, Ranchi is opened in his Branch and all the 33 BankDrafts were sent for clearance to Punjab National Bank, Ranchi. He alsoidentifies the Bank Drafts of M/s Baishnav Enterprises, Ranchi that wasmarked from Ext. 2/5 to 2/37.P.W. 69 stated about the search which was conducted by the CBI andVigilance Officers in the resident of accused D.P. Kashyap situated at AshokNagar, Kadru, Ranchi. He proved his signature on the seizure list and thesignature of R.N. Kumar as witnesses. The signature has been marked asExt. 38/3 and 38/4. He also proved his signature on recovery of files of M/sBaishnav Enterprises on which State Bank of India has been endorsed. Thesignature of this witness and signature R.N. Kumar on different files ofBaishnav Enterprises, which were seized from his residence, has beenmarked as Ext. 38/5 to 38/8. He is a witness of seizure list about documentof Baishnav Enterprises, which was recovered from the residence of accusedDayanand Prasad Kashyap.P.W. 79 is a part Investigating Officer namely Surya Narayan Pandey.He has proved the formal F.I.R. i.e. Ext. 49. Further in para-4 he stated thaton11.2.96 he visited to office of District Animal Husbandry office,Sahebganj. The Office was running in the rented house. The house ownerwas Kudrat Ali. There were two small stores in the house but no anymedicine was found there. On that very day he also recorded the statementof Rajendra Prasad the Informant of this case. He reported that by the orderof the Deputy Commissioner, Sahebganj, the office of Animal HusbandryDepartment has been sealed on 4.2.1996. At that time, no any offence oremployee of Animal Husbandry Department was present there. Later on9.2.96 under the direction of the Deputy Commissioner in presence of S.N.Jha Executive Magistrate; Tarachand Niyogi the Circle Officer, Sahebganj;
85Officer-in-Charge Town P.S. Sahebganj; Md. Jaul Alam Ansari Chaukidar;Anand Kumar, Md. Aziz, Sunil Kumar Gupta and in presence of some otherthe Seal was broken and documents and vouchers of the office have beenseized and the seizure memo was prepared. From perusal of document ofinfirmities were found.35. On behalf of the accused Arun Kumar Singh, Ext.-A has beenfiled which is a Partnership Deed dated 7.1.1993. It is argued on behalf ofthe accused Arun Kumar Singh that he was only a sleeping partner in M/sVishwakarma Agency. The real beneficiary was Shiv Raj Ram, who wasfather of accused Dr. Shesh Muni Ram. The entire work of the said Agencywas governed by Shesh Muni Ram and accused Arun Kumar Singh was onlya silent partner.It is important to mention here that according to the Partnership Act,each and every partner is clearly liable for the act of partnership firm. Thealleged Draft No. MTTA/61/10859 dated 31.3.93 was deposited in the BankAccount of accused Arun Kumar Singh. The fake vouchers from Ext.2/1313 to 2/1314 were submitted by him. Hence he cannot be deed to beinnocent.On behalf of other accused persons other exhibits have been filed ithas been marked As Ext. A to A/43, i.e. signatures on the medicine receipts.Ext. B to B/2 is also medicine receipt signature by Dr.A.K. Sarkar. ONbehalf of these medicines receipt, it has been argued that medicines wereduly supplied to the Doctors. It is important to mention here that theprosecution case is not only for non-supply of medicine to the Doctors but italso covers about the Short Supply of medicines. The other exhibits of thedefence have already been discussed earlier.36. On analysis and scrutiny of the prosecution and defenceevidences, it is quite apparent that accused Braj Bhushan Prasad, Budget andAccounts Officer, AHD, Patna has signed and issued fake Allotment Lettersto the Regional Director, A.H.D., Dumka. Prosecution witnesses have wellproved Ext. 24, Ext.-46, Ext. 46/1 and Ext. 46/2 were fake Allotment Lettersand on the basis of fake allotment letters, Sub-Allotment letters from Ext. 25to Ext. 25/8 were issued by the Regional Director, AHD, Dumka to theDistrict Animal Husbandry Officer, Sahebganj and under this conspiracy the
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 and 16:
15to the first hand information of
Page 17 and 18:
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 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: 83any Branch at Sahebganj for carry
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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