D GARUDARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition under S.482 Cr.P.C. is directed against the order made by the Chief Judicial Magistrate, Bellary framing charges in C.C.No.3385 of 1975 for the offences of criminal conspiracy under Sec.l20-B and criminal breach of trust under Secs.406 and 408 of the I.P.Code.

(2.) The petitioner is one D.Garudaraj alias D.G.Raj and is stated to have been the Sales Representative, Supplies Division, Mysore State Agro Industries Corporation Ltd, Bellary. This accused along with ten others is being indicted for the said three offences and the gravamen of the charge is that they violated Government Order and circular instructions issued by the Director of Agriculture, Bangalore and the General Manager of the Mysore State Agro Industries Corporation and assisted in the supply of fertilisers to certain persons who were not authorised to receive them. Accordingly, the petitioner with whom we are concerned is stated to have issued two release orders, at Bellary one dated 2-8-1972 and the other dated 16-8-1972 in favour of M|s.Veera Venkateswara Traders of Sindhanur and B.Sreenivasa Setty of Moka village, respectively. These two release orders dealt with fertilizers of the quantities of 9 tons and odd and 2 tons and odd in favour of the two respective persons. Since this was done by the petitioner (A.10) contrary to the instructions issued under the Government Order and the circulars aforesaid, it was stated that he enabled the two named persons to make some wrongful gain with the corresponding loss to other consumers. According to the circular orders dated 30-5-1972 and 21-6-1972, due to shortage of fertilizers a scheme was set up for their distribution. In the circular of 30th May 1972 several Committees, district level and taluk level, were constituted and one of the functions allocated to these Committees was to implement the policy decision of the Government relating to the procurement and distribution of the fertilizers. In that circular letter it was specifically pointed out by the Director of Agriculture that permits were to be issued by the officials specified therein and only upon these permits, the fertilizers could be distributed. The other circular of 21st June 1972 very much reiterated the contents of the circular dated 30th May 1972 and further provided that maximum quota was to be given to the local Co-operative Societies. The prosecution case was that A.10 being the Sales Representative was sent copies of these circulars and as such he was supposed to be aware of the Government order. Si'nce M/s.Veera Venkateswara Traders and SreeniVasa Setty did not possess the required permit, they were not entitled to receive the quota of fertilizers. That facility was extended to them at the instance of A.10 because he issued the two release orders in their "favour. According to the prosecution, that conduct on the part of A.10 led to some wrongful gain to these persons with the corresponding wrongful loss to others and as such A.10, in violation of the directions issued under the Government Circulars, dishonestly disposed of the fertilizers and thus committed the offence of criminal breach of trust under S.405.

(3.) This in short was the prosecution case for which the aforementioned charges were framed by the Magistrate against A.10. Being dissatisfied with the order of the learned Magistrate, the present petition under S.482 is filed.