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

More documents

Recommendations

Info

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
91has been shown by the Suppliers for supply of medicine to the AnimalHusbandry Department. It has already been discussed earlir and no need torepeat the same.Prosecution has succeeded to prove this fact that without supply ofmedicine and in few cases short supply was done and fake certificate hasbeen issued about the supply of medicines.45. Accused Tripurari Mohan Prasad was Proprietor of M/s BiharSurgico Medico Agency, Patna and the Director of M/s MastrinPharmaceuticals, Patna. Without supply of medicine he filed fake vouchersand invoices from Ext. 2/1053 to 2/1175 and Ext. 2/1176 to 2/1214 andunder conspiracy with other co-accused persons fake Bills were preparedfrom Ext. 3/107 to 3/120 and Ext. 3/121 to 3/126. On the basis of theseforged bills a total sum of Rs. 24,58,226=00 was withdrawn by him. Fromperusal of Ext. 15/108 to 15/112, it is quite apparent that the medicine forwhich fake vouchers were prepared that medicine has not been produced byM/s Hiler Private Limited. No any supply order was received by his firmand his firm was not an authorized firm to supply the medicine to AnimalHusbandry Department.Considering all the evidences against the accused Tripurari MohanPrasad, I hereby find and hold this accused guilty and convict for the offenceU/Sec. 120-B read with Sections 420, 467, 468, 471 of the Indian PenalCode.46. Accused Sushil Kumar Sinha was Proprietor of M/s SamarpanVeterinary Pvt. Limited. He stated in his defence that he was only aproprietor in paper but all the work were managed by his elder brotheraccused Tripurari Mohan Prasad. Same defence has been taken by accusedSunil Kumar Sinha, proprietor of M/s Sri Baba Chemical Works, Patna thathe was proprietor in paper and all the works were looked out by his elderbrother accused Tripurari Mohan Prasad.This defence cannot save their skin from the criminal liabilities. Theyare fully liable for the act of the said firms.By accused Sushil Kumar Sinha without supply of medicine fakevouchers from Ext. 2/894 to 2/1065 were presented and fake bills wereprepared from Ext. 3/89 to 3/106 and a total sum of Rs. 8,24,826=00 was
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 and 88: 87In the above circumstances, I fin
Page 89: 89infirmities and discrepancies. He
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?