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

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8839. In the same manner, Krishna Murari Shah, who was also aT.V.O. (M), Sahebganj in the year 1990-91 and 1991-92. The prosecutionwitnesses have fully proved that without supply of medicine he has alsogiven false certificate about receiving of medicines and false vouchers,described earlier in Ext. 2 series, false certificate has been given by him. Onthe basis of false certificate, C.N.C. Bills in Ext. 3 series, fully describedearlier, has been prepared and government money of a sum of Rs.1,26,000=00 has been withdrawn.On similar circumstances, I find and hold accused Krishna MurariShah guilty and convict for the offence punishable U/Sec. 120-B read withSections 420, 467, 468, 471, 477-A of the Indian Penal Code and he has alsocommitted criminal misconduct of offence specified in Section 13(1)(d) ofthe Prevention of Corruption Act, 1988 punishable U/Sec. 13(2) of the P.C.Act.40. Accused Sudarshan Ram was Accountant in District AnimalHusbandry Office, Sahebganj in the year 1990-91, 1992-92093 and 1995-96.On the basis of false certificate in Ext.-2 to 2/1335 he prepared the C.N.C.Bills from Ext. 3 to Ext. 3/146. On some vouchers in Ext.-2 Series fromExt. 2/873 to 2/882; Ext. 2/894 to 2/898, Ext. 2/1017 to 2/1018, Ext.2/1144to 2/1147, Ext. 1186 to 2/1189 and Ext. 2/1332 to 2/1335 no any medicinereceipt certificate was given by the T.V.O. (M) but in spite of that C.N.C.bills from Ext. 3/86 to 3/88; Ext. 3/89, Ext. 3/103, Ext. 3/117, Ext. 3/123;Ext. 3/145 and Ext. 3/146 were prepared by him and illegally governmentmoney was withdrawn through these Bills from the Government Treasury.Considering all the prosecution evidences, I find and hold accusedSudarshan Ram guilty and convict for the offence punishable U/Sec. 120-Bread with Sections 420, 467, 468, 471, 477-A of the Indian Penal Code andhe has also committed criminal misconduct of offence specified in Section13(1)(d) of the Prevention of Corruption Act, 1988 punishable U/Sec. 13(2)of the P.C. Act.41. Accused Vijay Kumar was Treasury Officer, Sahebganj in theyear 1991-92, 1992-93 and 1995/96. It has been established by theprosecution witnesses that C.N.C. Bills of Suppliers sent by the DistrictAnimal Husbandry Office, Sahebganj were passed by him in spite of many
89infirmities and discrepancies. He facilitated in withdrawals of illegalamount from the Government Treasury and violated the Rules of TreasuryCode and Bihar Financial Rules. It is well known to him about the financialpowers of D.D.Os but this was over looked and no objection was raised andBills were passed under conspiracy.It is important to mention here that according to the Ext. 15/31, LetterNo. 3697 dated 25.3.77 issued by the Finance Department, the financialpower of the District Animal Husbandry Officer and the Regional Directorof AHD has been fully described. According to this Letter, the financialpower of District Animal Husbandry Officer was Rs. 5,000=00 per day. Butknowing this fact, the bills of Ext. 3 Series, fully described earlier, have beenpassed by him. This act was done under conspiracy to facilitate the other coaccusedpersons to withdraw the government money from the GovernmentTreasury. It also appears from perusal of Ext. 3 Series (C. N. C. Bills) thatall are split up Bills. According to the Treasury Code, split up bills cannot bepermitted but in spite of that split up bills have been passed.Considering all these evidences, I find and hold accused VijayKumar guilty and convict for the offence punishable U/Sec. 120-B read withSection 420 of the Indian Penal Code and he has also committed criminalmisconduct of offence specified in Section 13(1)(d) of the Prevention ofCorruption Act, 1988 punishable U/Sec. 13(2) of the P.C. Act.42. Accused S. N. Jha is also a Treasury Officer of SahebganjTreasury, Sahebganj in the year 1991-92 and 1995-96. In the same manner,as discussed in accused Vijay Kumar, Treasury officer, Sahebganj, it wasfound that he over looked the financial power of Distirct Animal HusbandryOfficer, as described in Ext. 15/31 and also passed the split up bills of theDistrict Animal Husbandry Office, Sahebganj, as described earlier. No anyobjection was raised and he facilitated the co-accused persons in illegalwithdrawals of Government money.I also find and hold accused S.N. Jha guilty and convict for theoffence punishable U/Sec. 120-B read with Section 420 of the Indian PenalCode and he has also committed criminal misconduct of offence specified inSection 13(1)(d) of the Prevention of Corruption Act, 1988 punishableU/Sec. 13(2) of the P.C. Act.
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,
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: 87In the above circumstances, I fin
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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