SUSANTA KUMAR DALEI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Leave granted.

(2.) The present criminal appeal arises out of a judgement and order dated April 10, 2023, passed by the High Court of Orissa at Cuttack in CRLMC No. 1505 of 2022 whereby the High Court dismissed the discharge application of the Appellant herein.

(3.) The factual matrix of the case is that an FIR was lodged on 23/7/2001 against the Appellant along with other accused persons under Ss. 13(2) read with Sec. 13(1)(d) of the P.C. Act, 1988 (Hereinafter referred to as 'PC Act ') and under Ss. 471/477A/ 120-B of the Indian Penal Code, 1860 (Hereinafter referred to as 'IPC '), and 27 of the Orissa Forest Act. It is in the F.I.R. that M/s Keshari Traders of Jeypore was appointed as Raw Materials Procurer (Hereinafter, referred to as 'R.M.P ') by the Managing Director, O.F.D.C., Ltd., Bhubaneswar in, Letter No. 34244, dtd. 27/12/1999 in pursuance of the order of the Government in Forest and Environment Department Vide letter No. 22249, dtd. 23/12/1999 to salvage wind faller timber from the Chitrakonda and Kalimela Ranges of Jeypore Forest Division. The RMP started salvage operation during January, 2000 and has lifted 204.3890 Cum timber (7154 Cft.) from the Depot of to Rajhmandri (Andhra Pradesh) by depositing royally amount of Rs.10,20,245.00 and commission of Rs.2,47,001.00. The Government of Orissa the O.F.D.C. has imposed total moratorium on felling of standing trees in the Forest in G.O. No. 22464/F & E., dtd. 25/11/1997. In the back drop of such Government policy the application of M/s Keshari Traders has been entertained and recommended by the Forest Department as well as O.F.D.C., Officials for salvage operation of timber in Jeypore Forest Division under the pretext of Naxalite problem, intervening salvage clearance of departmental officials without any basis. The tender of M/s Keshari Traders was accepted out of three tenderers only for the purpose of transportation of salvage Timber from Forest Floor to the Depot of O.F.D.C.. Further, in the F.I.R. it is mentioned that the Government has approved the Terms and conditions for salvage operation by the R.M.P. formulated by a high power Committee constituted for the purpose. The approved Terms and Conditions were sent to the P.C.C.F, Orissa, Conservator of Forest, Koraput, D.F.O., Jeypore, D.M. (C), O.F.D.C., Malkangiri alongwith the appointment order. As per sub-Clause-4 under the clause Depot of approved terms and conditions after receipt of the timber at the Depot of the O.F.D.C., the sale value of the timber has to be collected from the R.M.P. and then the R.M.P. will be allowed to lift the timber from the Depot. But in gross violation of the aforesaid approved terms and conditions the R.M.P. was allowed by the Forest Department and O.F.D.C. officials to lift 204.3890 Cum of timber mostly of teak and other valuable species including some live trees by depositing a meager amount of royalty of Rs.10,20,245.00 fixed by the D.F.O., Jeypore by showing the trees as defective and under girth. The cost of the timber lifted has been assessed by the Enquiry Committee consisting of Shri B.K.Patnaik, Director, Commercial, O.F.D.C., and Shri P. Singh IFS., Chief Conservator of Forest, Orissa and they assessed the amount as Rs.. 45,01.000. Therefore, without assessing the market value and without selling the timber at competitive rates to the highest bidder, the R.M.P. was allowed to lift the timber by depositing royalty for which the Government has sustained minimum loss of Rs.34,80,755.00. Further, during verification and enquiry Committee comprising C.C.F, Orissa and Director (C), O.F.D.C. by Special Task force constituted by Government with two Conservators of Forests and the joint verification conducted by Vigilance Organisation it is found that irregularties have been committed by both the Forest Department and O.F.D.C. Officials in the process of enumeration, passing conversion and lifting of the salvage timber by the R.M.P., and it came to light that a total volume of 371.7684 Cum. Worth of Rs.41,54,245.00 have been felled illegally by R.M.P. and were transported in the disguise of faller trees only, in connivance with the Forest and O.F.D.C. Officials. It is alleged that the Appellant accused alongwith other accused persons committed the offence, in order to derive pecuniary benefit for themselves and for the firm by abusing their official position, but for which the aforesaid clandestine deal by the Firm with the Government officials, which amounts prima facie all the accused persons have committed the criminal misconduct under Ss. 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 and under Ss. 471/477-A/ 120-B of the I PC and 27 of Orissa Forest Act, 1972.