NAHAR SINGH Vs. CISF

JUDGEMENT

(1.) FACTS which are not in dispute are that the petitioner was working as L.Naik under CISF and was deputed for duty at a Unit of Bharat Heavy Electrical Limited (BHEL) at Haridwar and on 11.02.1993 was on duty at the weigh bridge from 13:30 hrs to 21:30 hrs and that a tanker bearing No.HYW 3982 loaded with LDO came to the Unit of Bharat Heavy Electrical Limited (BHEL) for unloading LDO. Now, the consignment had to be weighed and the procedure followed was that while making entry into the precincts of the unit, the loaded tanker would be weighed at a weigh bridge and after decanting the liquid from the tank, the empty tanker would be reweighed at the weigh bridge. The difference in weight of the loaded tanker and the decanted tanker would yield the weight of the LDO which was delivered at the Unit. Further admitted fact is that the booklet containing the weighment slips was kept at the weigh bridge. Further undisputed fact is that pertaining to the tanker HYW 3982, two weigh slips Ex.PW-1 (Exhibit-3) and Ex.PW-1 (Exhibit-4) were prepared, both bearing the signatures of the petitioner. The first exhibit is a leaf out of book No.14, vide serial No.1364 and the latter is out of the same book, but at serial No.1367. Further admitted fact is, the contents of the exhibit Ex.PW-1 (Exhibit-3) has cuttings and over writings.

(2.) HERE onward we would record the facts in dispute, but before that we would record that a bare perusal of Ex.PW-1 (Exhibit 3) reveals to the naked eye, that as a result of the cuttings and overwriting an attempt has been made to convert 11220 kg into 17920 kg; this is evident from the fact that over the first numeral 2 the numeral 9 has been overwritten and the second numeral 1 has been converted into the numeral 7. This is against the entry pertaining to the gross weight. There is no corresponding entry pertaining to Tare weight. No entry has been recorded against column Net Weight. The second exhibit is a complete document recording gross weight to be 17920 kg. The Tare weight recorded is 7530 kg. Net weight recorded is 10090 kg, which we note is an apparent calculation mistake, for the reason 17920 kg 7530 kg = 10390 kg and not 10090 kg.

(3.) IT came to be reported that manipulation has been done at the weigh bridge to facilitate a wrong recording of actual quantity of LDO delivered through the tanker in question at the Unit in question. A fact finding inquiry was conducted by a team consisting of 5 persons, one of whom was Inspector N.K.Yadav. A statement purportedly made by the petitioner was recorded on 19.02.1993, as per which, the petitioner made a confessional statement that he did so on being induced to receive bribe in sum of Rs.1,000.00, which he took.