BINAYA BHASHAN KUMAR BISWASI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner invoking the jurisdiction under Section 482 Cr.P.C. files this application assailing the order dated 04.01.2010 passed by the learned Special Judge (Vigilance), Jeypore in Berhampur Vigilance P.S. Case NO.27 dated 23.07.2001 corresponding to G.R. Case No.27 of 2001(V) taking cognizance of the offence under Sections 471/477-A/120-B I.P.C. read with Section 27 of the Orissa Forest Act.

(2.) The fact as revealed from the F.I.R. under Annexure-1 lodged by the Inspector of Police (Vigilance Cell Cuttack) is that on the allegation of large scale illicit felling of live trees and clandestine transportation of timber from the Jeypore Forest Division to Andhra Pradesh by M/s Keshari Traders, a private contractor, appointed as Raw Materials Procurer (RMP) by the Managing Director, Orissa Forest Development Corporation Limited, Bhubaneswar (OFDC) pursuant to the order of the State Government in the Forest and Environment Department to salvage wind fallen timber from Chitrakonda and Kalimela Ranges of the Division. During enquiry, it was ascertained that the State Government had imposed total moratorium on felling of standing trees. Only OFDC was authorized to salvage wind fallen trees. In other words, there was ban on functioning of private contractors in the forest area as a matter of policy. In violation of the policy, M/s Keshari Traders was illegally appointed as RMP for transportation of salvaged timber from the forest floor to the Depot of the OFDC. On the strength of such appointment, RMP was allowed to take away not only salvaged timber but also live timber without paying the sale value as a result of which State was put to loss of Rs.34,80,755/- approximately. In course of enquiry, a high level Joint Enquiry Committee verified the allegations. On the basis of F.I.R., a case was registered against the petitioner and co-accused persons for alleged commission of offences under Sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act (for short the "P.C. Act?) and under Section 471/477-A/120-B of the Indian Penal Code (for short the "I.P.C.?) as well as Section 27 of the Orissa Forest Act (for short the "O.F. Act?). During investigation, witnesses were examined and a large number of documents including joint verification report of the Vigilance Department were seized. On completion of investigation, charge sheet for commission of aforesaid offences was submitted against the petitioner and 17 others.

(3.) Mr. H.M. Dhal, learned counsel appearing for the petitioner strenuously urged that so far as the present petitioner is concerned he has been implicated falsely. According to him, even if the entire materials available on record are accepted, no offence is made out against him. In absence of any prima facie case against the petitioner, the initiation of proceeding amounts to abuse of the process of the Court. In order to substantiate his contention, he specifically urged that the petitioner joined as Assistant Conservator of Forest (A.C.F.) on 31.03.2000 at Malkangiri by which time the Salvage operation had already been completed. Therefore, by no stretch of imagination, can it be said that the petitioner is liable for any offence alleged in the F.I.R. Apart from the same, he further contended that a Departmental Proceeding has been initiated by the State Government and while passing final order in the said proceeding a specific finding has been recorded in Annexure-10 that the entire felling of trees has been completed before the petitioner joined in the post. Therefore, due to non-availability of materials on the record and by the time the petitioner joined in the post, the Salvage operation having been over, the very initiation of proceeding against the petitioner is vitiated. Therefore, learned counsel seeks for quashing the proceeding so far as it relates to the petitioner.