NEMI CHAND JAIN Vs. STATE

JUDGEMENT

(1.) THESE are two petitions one in the nature of a revision being Criminal Revision No. 1344 of 1975 - Nemi Chand Jain v. State of U. P. and the other an application under Section 482 Cr. P. C. being Criminal Misc. Appln. No. 5800 of 1975 - Nemi Chand Jain v. State of U. P. Both are directed against an order of the Chief Judicial Magistrate and Special Magistrate of U. P. , Lucknow dated 6th September 1975 rejecting the application of Nemi Chand Jain for his discharge

(2.) THE applicant Nemi Chand Jain is Executive Director of M/s. Ashok Marketing Ltd. , who are sole selling agents of chemicals and fertilizers manufactured by Sahu Chemicals and Fertilizers, The allegations in the first information report made by S. W. Shiveshwarkar, Director Generiu, Vigilance, Government of India, Ministry of Railways (Railway Board), New Delhi, dated 6th October 1969 were that between years 1959 and 1962 at Varanasi, the applicant and other 12 persons entered into a criminal conspiracy and in pursuance of the same dispatched Ammonium Chloride manufactured by M/s. Sahu Chemicals and Feritlizers, Sahupuri, Varanasi, to M/s. Dhrang Dhara Chemical Works, Dharangdhara, Surendranagar, Gujarat, describing the same as Ammonium Chloride Fertilizer in order to take advantage of concessional railway freight whereas it did not have the constituents of ammonium chloride to be fertilizer as understood within the meaning of the Feritlizer Control Order 1965, The goods could be used only as a chemical and not as a fertilizer. The Railway administration was thereby deprived of its legitimate freight amounting to Rs. 76,320/ -.

(3.) IN the course of investigation one of the accused persons, named J. N. Tandon, became approver and his statement was recorded by the Special Magistrate on 24th September, 1971 under Section 164 Cr. P. C. and later on pardon was tendered to him under the provisions of Section 337 Cr. P. C. , 1898.