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

9043. Accused Alok Kumar Gupta was Accountant of Treasuryoffice, Sahebganj and accused Ashok Kumar Ghosh was also an Assistant inTreasury Office, Sahebganj and Shailendra Kumar Mishra was an Assistantin Sahebganj Treasury, Sahebganj. It has been well proved by theprosecution witnesses against these accused persons that under conspiracywith other co-accused persons they have voluntarily over looked and ignoredthe Ext. 15/31 in which the financial power of Drawing and DisbursingOfficer has been given. Further split up Bills have been presented beforethem but they have not raised any objection. It was their duties to scrutinizethe Bills and if discrepancies were found, placed the fact before the TreasuryOfficer but they have not placed the real fact before the Treasury Officer andthey presented the Bills before the Treasury Officer without any objection.Considering above evidence against them, I find and hold theseaccused persons namely Alok Kumar Gupta, Ashok Kumar Ghosh andShailendra Kumar Mishra guilty and convict for the offence punishableU/Sec. 120-B read with Section 420 of the Indian Penal Code and he hasalso committed criminal misconduct of offence specified in Section 13(1)(d)of the Prevention of Corruption Act, 1988 punishable U/Sec. 13(2) of theP.C. Act.44. On behalf of the Medicine Suppliers, it has been argued thatthey have not committed any offence. They have received the Supply Orderfrom the Animal Husbandry Department, Sahebganj and on the basis ofSupply Order they have supplied the medicines and animal feeds, etc., to theAnimal Husbandry Department. They have not presented any vouchers andinvoice without supply of medicine. They have no concern about theAllotment Letters. But it was found on analysis of prosecution evidencesthat witnesses of medicine manufacturer, Surgical and Chemical companiesstated before the Court that specific medicines and specific Batch Numberfor which Invoices and vouchers have been presented by these Suppliershave not been manufactured by them. They have never sent the specificBatch Number of medicine to the concerned Suppliers. The depositions ofthese witnesses have already been discussed. The Transport companies alsoappeared as prosecution witnesses and they have also given the specificTruck Number and stated that their trucks have never been used for carryingany goods of Animal Husbandry Department to Sahebganj. Even Scooter