ROOP KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) These two matters have arisen from a common order and are being disposed of by this judgment.

(2.) A written complaint was made to the Chief Minister, U.P. that with the collusion of officials of Cooperative Bodies, U.P. Kargha Nigam and U.P.I.C.A., Kanpur a racket for diverting Janta Dhotis for sale in black market is operating and Janta Dhotis and controlled cloth valued at Rs. 50,000/- in each truck is being transported by big business men to Mathura. It was specifically alleged in this complaint that if bleaching plant of Roop Kishore of Mathura and other bleaching plants in Mathura are raided, considerable Janta Dhoties and cloths can be seized and corruption can be removed. Reminder of the complaint was sent and some details about outlets of transport and diversion were mentioned. Matter was entrusted to C.B.C.I.D., U.P. on 23.5.1989 Roop Kishore and one Yad Ram were arrested and their bleaching plants at Mathura were raided. From their plants bales of cloth, some wet dhotis and cloth and some semi-processed dhotis and cloth were recovered. Case under Section 420 I.P.C. and Section 13 of Prevention of Corruption Act was registered. Report of Seizure was made to the Special Judge and there was a prayer that the recovered cloth and Dhoties be entrusted to the authorized cooperative societies for sale. Roop Kishore claimed Dhoties and cloth recovered from his bleaching plant and asserted that they were entrusted to him for bleaching by specified persons. He prayed that they may be delivered to him.

(3.) Persecution vehemently asserted before the Special Judge that the Dhoties and cloth were meant for sale to weaker Sections but by corrupt means they have been diverted to general sale instead of sale through cooperative societies. Roop Kishore laid claim on the basis of possession for bleaching. During investigation the learned Special Judge refused to enter into the question of title or right to possession. He directed that Dhoties be handed over to Kendriya Upbhogta Sahkari Bhandar for sale. The said Bhandar till disposal of the case shall keep the sale price in the bank of Kendriya Upbhogta Sahakari Bhandar.