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

86government money was illegally withdrawn from the Government Treasuryby District Animal Husbandry Office, Sahebganj.It was argued on behalf of the accused Braj Bhushan Prasad that thereis no allegation of taking money by these accused. But there is sufficientevidence available on record that fake allotment letters were issued by thisaccused. The intention of issuance of fake allotment letters was very clearthat intention was to withdraw the government money under a conspiracyfrom the government Treasury. The intention was to cause wrongful loss tothe Government Treasury and later on large number of fake vouchers andBills were prepared and the entire allotment amount was illegally withdrawnfrom the Government Treasury and the entire game was started from theissuance of fake allotment letters by this accused.In the above circumstances, I find and hold the accused Braj BhushanPrasad guilty and convict for the offences U/Ss. 120-B read with Sections420, 467, 468, 471, 477-A of the Indian Penal Code. He has misused hisofficial capacity being a public Servant by abusing his position as a PublicServant has obtained for himself as well as for advantage of other accusedpersons. Hence, I hold him guilty for the offence specified in Section 13(1)(d) of the Prevention of Corruption Act, 1988 punishable Under Section13(2) of the P. C. Act.37. Accused Dr. Erick Kerketta, it is admitted fact that he wasDistrict Animal Husbandry Officer, Sahebganj in the year 1990=91 and1991-92. He was well known about his financial limitation of Rs. 5,000=00per day as per Ext. 15/31 but in spite of that he exceeded his financiallimitation and passed several Bills beyond his financial power. All the billsfrom Ext. 3/75 to 3/85, Ext. 3/89, Ext. 3/121, Ext. 3/122 and Ext. 3/139. Heexceeded his financial power from the limit of Rs. 5,000=00 per day. Heallows the bills for submission and illegal amount was withdrawn from theGovernment Treasury. It is also well proved that in some vouchers fromExt. 2/894 to 2/898 there was no any certificate was given for receiving ofmedicines in spite of that these vouchers have been placed for withdrawal ofmoney. Without supply of medicines vouchers, as discussed earlier, havebeen permitted to withdraw the government money by submitting C.N.C.Bills.