NAND KISHORE RAI Vs. STATE (CBI)

JUDGEMENT

(1.) The instant appeal is directed against Judgment dtd. 30/8/2012 and Order of conviction dtd. 31/8/2012 passed by the Judge Special (CBI) Court, Siliguri, Darjeeling in Special C.B.I Case No. 33 of 2012 whereby the Appellants were convicted under Sec. 420/468/120B of the Indian Penal Code and read with Sec. 13 (1) (d) and 13 (2) of Prevention of Corruption Act, 1988.

(2.) The Spices Board, Ministry of Commerce, Government of India, introduced a scheme in the State of Sikkim as well as in the district of Darjeeling, West Bengal for providing financial assistance for construction of cardamom curing house for individual cardamom growers (200 kgs capacity). According to this scheme planters who were willing to avail of subsidy under the scheme had to construct curing house in accordance with the standard approved by the Cardamom Board. The latter was to provide financial assistance in the form of subsidy for construction of such curing house. Applications for subsidy were to be submitted to the concerned Assistant Director under whose jurisdiction the plantation was situated. The Assistant Director after conducting spot inspection, may forward the application to the Deputy Director with his own recommendations and remarks. The Deputy Director may also conduct spot inspections, if necessary and accord sanction in eligible cases with the concurrence of the Director.

(3.) The Appellant No. 1 was Extension Assistance in the office of the Assistant Director, Spices Board, Kalimpong. He was in charge of the said office from 19/6/1990 to 13/9/1990 and also from 10/12/1990 to 25/2/1991. At the relevant point of time the Appellant No. 2 was in the same office as Extension Assistant.