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

87In the above circumstances, I find and hold the accused Erick Kerkettaguilty and convict for the offence punishable U/Sec. 120-B read withSections 420, 467, 468, 471, 477-A of the Indian Penal Code and also holdhim guilty that being a public servant employed as District AnimalHusbandry Officer, Sahebganj, Government of Bihar by corrupt and illegalmeans or by otherwise abusing his position as such Public Servant obtainedfor himself and for other co-accused persons pecuniary advantage. Hence, Ihold him guilty for the offence U/Sec. 13(1)(d) of the Prevention ofCorruption Act, 1988 punishable U/Sec. 13(2) of the P.C. Act.38. Accused Bimal Kant Das was the T.V.O. (M), Sahebganj in theyear 1991-92, 1992-93 and 1995-96. It is well proved by the prosecutionwitnesses that without supply of medicines he has given false certificateabout receiving of medicine and wrong entries were made in the StockRegisters and false certificate has been given by him on a large number ofvouchers, which has been fully described earlier in Ext. 2 Series. On thebasis of these false vouchers and invoices, the Bills were prepared andgovernment money was withdrawn. The prosecution witnesses have alsoadmitted this fact that force was used by him on Doctors to obtain theirsignatures on the medicine receipts without supply of medicines. Thewitnesses of medicine manufacturing companies have also stated thatspecific Batch Number and Specific Medicine have not been manufacturedby them but that type of medicines and Batch numbers have been shown inthe vouchers.I find and hold the accused Bimal Kant Das guilty and convict for theoffence punishable U/Sec. 120-B read with Sections 420, 467, 468, 471,477-A of the Indian Penal Code and also hold him guilty being a publicservant employed as Touring Veterinary Officer (Mobile), Sahebganj, Govt.of Bihar by corrupt and illegal means or by otherwise abusing his position assuch Public Servant obtained for himself and for other co-accused personspecuniary advantage to the extent of Rs. 45,58,208=00 during the year 1991-92, 1992-93 and 1995-96 from Sahebganj Treasury, Govt. of Bihar and youthereby committed criminal misconduct an offence specified in Section13(1)(d) of the Prevention of Corruption Act, 1988 punishable UnderSection 13(2) of the P.C. Act.