STATE OF U.P. Vs. NANDRAM AND ANOTHER

JUDGEMENT

(1.) Heard Sri. Vikas Sahai, learned A.G.A. for the Stateappellant and learned counsel for accused-respondents and perused the material on record. This application has been filed by the State-appellant against the judgement and order dated 08.02.2016 passed in S.T.No,14 of 2005, arising out of Case Crime number 262/2005 under sections. 406, 409, 420, 120B I.P.C. and 13 (1) (c), 13(1) (d-2) read with section 13(2) Prevention of Corruption Act, PS-Kotwali Sadar, Distt. Shahjahanpur by the learned Additional Sessions Judge/Special Judge(P.C.A.) Court room No. 2 Bareilly whereby the accused-respondents have been acquitted for the offence punishable under the sections referred to above.

(2.) A perusal of the record shows that on 28.06.2005, at 17:10 hours, on the basis of complaint made by complainant of the case Vijay Anand Shahi, police Sub Inspector Economic Offences Wing (EOW), Offences Investigation Department, Uttar Pradesh, Lucknow, dated 27.06.2005. submitted at PS-Kotwali Sadar, Shahjahanpur and the case was registered against accused Rajendra Pal, Arun Kumar Mishra, Nirankar Saxena, Ramsnehi Yadav, Nandram, Ramsewak Prasad Gupta, VK Mishra, and Ratan Singh and other assistant officials, names and address unknown, posted at procurement centres, u/s. 406, 409, 420, 120B IPC and 13 (1) (C), 13(1) (D-2) read with section 13(2) Prevention of Corruption Act.

(3.) The investigation was conducted by Economic Offences Wing (EOW), Uttar Pradesh, Lucknow concerning usage of old gunny bags instead of new gunny bags for procurement of wheat in RMS 2004-05 and misuse and misappropriation of money. During the investigation when the documents were obtained from the depot in-charges of Jumoor-A, Jumoor-B and Jumoor-C, state warehouse, Shahjahanpur, their statements were recorded, it was found on record that wheat purchased during RMS 2004-05 in a number of old gunny bags was stored in the aforesaid three depot godowns, which had been sent by the in-charges of procurement centre of the aforesaid procurement institutions for storage.