M RAJA Vs. STATE

JUDGEMENT

(1.) The above Criminal Original Petition has been filed praying to call for the records relating to the F.I.R. in Cr.No.3/AC/2003 dated 7.2.2003 on the file of the respondent and quash the same.

(2.) Tracing the history of the case, what comes to be known is that the petitioner is working as Cooperative Sub Registrar, Krishnagiri Agricultural Producers Marketing Society, Krishnigiri; that during 1988 to May 2001, he was holding additional charge as Managing Director of Kaveripatinam Agricultural Producers Marketing Society; that the Central Government evolved a scheme through the National Agriculture Cooperative Marketing Federation (hereinafter called as NAFED) for procurement of fair average quality of copra; that as per the said scheme, a minimum price would be fixed by NAFED; that the Tamil Nadu Cooperative Marketing Federation(TANFED) had been appointed as principal agent for procuring the copra; that TANFED would purchase the copra from the farmers and the disbursement of amount was by way of cheque, and the said purchase was in operation between 25.8.2000 to 3.2.2001; that after two years, the respondent registered a case under Sections 13(2) r/w 13(1)(c) and (d) of Prevention of Corruption Act as well as Sections 120(B) r/w 417, 420, 409, 468 and 477, IPC on the allegation that copra worth about Rs.16,19,11,750/- was purchased and procurements were made at the rate of Rs.32.50 per kg., whereas the actual market price was only Rs.24/- and thus, there was a loss to the Government to the tune of Rs.3,28,48,000/-; that the petitioner, who was acting as the Managing Director on additional charge, was implicated as A5 and he has come forward to file the above Criminal Original Petition for the relief extracted supra.

(3.) In the counter filed on behalf of the respondent, besides generally denying all the averments contained in the petition, the petitioner would specifically admit the averments made in paragraphs 1 to 4 of the petition and would submit that the petitioner is a "public servant" and he was in charge of and responsible for the procurement of copra from the farmers/coconut growers with the assistance of the employees of NAFED and TANFED and the officials of the said society in ensuring the identity of beneficiaries, quality and quantity with measurement and shortage and for proper maintenance of records.