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

9451. Accused Phul Singh, Proprietor of M/s Gauri Distributors,Bhagalpur. His partner convict Sushil Kumar Jha has confessed his guilt andaccordingly he was convicted on plead guilty. According to the prosecutionevidence without supply of medicine he prepared fake vouchers from Ext.2/1306 to 2/1312 and on the basis of fake vouchers in connivance with otherco-accused persons under conspiracy fake Bill Ext. 3/142 was prepared anda total sum of Rs. 34,937=00 was withdrawn from the GovernmentTreasury. The medicine companies have deposed against him.Considering all the evidences, I find and hold the accused Phul Singhguilty and convict for the offence U/Sec. 120-B read with Sections 420, 467,468, 471 of the Indian Penal Code.52. Accused Arun Kumar Singh was Partner of M/s VishwakarmaAgency, Deoghar. He prepared fake vouchers from Ext. 2/1313 to 2/1314and fake bills was prepared as Ext. 3/143 and a total sum of Rs. 7,000=00was illegally withdrawn from the Government Treasury. Being a partner heis liable for any act of his firm. There is no merit in his defence that thefather of accused Shesh Muni Ram namely Shivram Raj was actual workingpartner and he was not a real beneficiary. The amount was withdrawn byhim and deposited in his Bank Account. The medicine companies havedeposed against him that no any supply order was received from the DistrictAnimal Husbandry Office, Sahebganj. His firm was also not authorizedagent. They have also deposed that the Batch number of medicine, whichhave been mentioned in the vouchers have not been supplied to them.Considering all the evidences, I find and hold the accused ArunKumar Singh guilty and convict for the offence U/Sec. 120-B read withSections 420, 467, 468, 471 of the Indian Penal Code.53. Accused Surendra Nath Sinha was Managing Director of M/sInter Pharmaceutical (P) Ltd., Patna and accused Basant Kumar Sinha wasDirector of the said firm. By this firm without supply of medicine fakevouchers from Ext. 2/873 to 2/893 were prepared and on the basis of thesefake vouchers, fake Bills were prepared from Ext. 3/86 to 3/88 and a totalsum of Rs. 97,313=00 was illegally withdrawn from the GovernmentTreasury by this firm.