MOHAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 15/7/2022 for the offences punishable under Ss. 166, 167, 120(B), 420 and 166, 167, 465, 467, 468, 471, 409 and 120(B) of IPC in crime No.01 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that during 1/10/2020 to 30/9/2021, the officers who worked in the TNSCS, Vellore &Tiruvannamalai Regional Office and the staff who worked in the direct paddy procurement centers, in collaboration with individuals, procured paddy at the direct paddy procurement centers without proper scrutiny. The defacto complainant i.e. Regional Manager, Tamilnadu Civil Supplies Corporation, Vellore Region had lodged a complaint against all TNCSC Vellore Regional Office Officers and Staff related to paddy procurement to take appropriate action against them, who had cheated the Government by not implementing the Government scheme properly for personal gain and misuse of the state scheme and causing loss to the state by not giving subsidy to the farmers.

(3.) The learned counsel for the petitioner would submit that he was working as Regional Manager under the Tamil Nadu Civil Supplies Corporation, Vellore Region. The Government of India has fixed the price of paddy to be procured during the Kharif 2020-2021 season (from 1/10/2020 to 30/9/2021). In Vellore District, 101 Direct Procurement Centres were established and they were manned by seasonal staffs i.e. Bill Collector/Clerk-1, Writer-1, Watchman-1. On account of pandemic, it was stipulated that the farmers had to produce either the patta or chitta or adangal or a certificate from V.A.O. and the procurement was made. One purchase/procurement Officer is appointed by civil supply corporation to monitor the day to day activities of 5 or more Direct Procurement Centres and he had to verify only whether the documents were correct. Thereafter, the papers were sent to Bill Superintendent, wherein the staffs have to counter check the details and the papers and then again Deputy Manager Procurement verifies once again all the documents. Thereafter, the papers were forwarded to the head office for process and payment. The payments were made directly from the Head Office to concern farmers and he has no role in the procurement or payment to the farmer. Hence, he pray for grant of bail to the petitioner.