KANHU CHARAN DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Standing Counsel for the Vigilance Department. Perused the record. Order dated 24.11.2012 passed by the learned Chief Judicial Magistrate, Gajapati, At-Paralakhemundi in G.R. Case No. 23 of 2011 rejecting the petitioner's application for discharge has been assailed in this Criminal Revision.

(2.) On the basis of F.I.R. dated 24.05.2011 lodged by DSP, Vigilance, Berhampur, Berhampur Vigilance P.S. Case No. 23 of 2011 corresponding to Vigilance G.R. Case No. 23 of 2011 of the Court of Chief Judicial Magistrate, Gajapati, At-Paralakhemundi has been registered against the petitioner for alleged commission of offence under Section 7 of the Essential Commodities Act.

(3.) Allegations in the F.I.R. are that the petitioner is the Sales Assistant-cum-godown Assistant-in-charge of the Departmental Storage Centre, R. Udayagiri. On receipt of information about bungling in distribution of essential commodities to the retailers, the vigilance team made a surprise check of the departmental godown on 03.06.20.10 in presence of ACSOs Sadar, Paralakhemundi and Inspector of Supplies, Kashinagar. The petitioner-Sales Assistant was present in the godown and on being asked he produced the registers and records maintained in the godown. It is further alleged that on verification of Tally Register, Stock Register, Issue Register and Sale Register for BPL rice, AAY rice, APL rice, Arnapurna rice, SC & ST rice, wheat and levy sugar, it was found that there was 551.38 quintal of rice and 21.30 quintal of sugar as per book balance. But on physical verification of stock, it was found that there was 576 quintals of rice and 41.55 quintals of sugar in the stock. Thus, there was 24.62 quintals of excess rice and 10.25 quintals of excess sugar than the book balance. It is further alleged that on a preliminary inquiry it was found that Sri Jayashreeram SHG, retailer for Nuagarh G.P. was issued with 93.5 quintals of (sic) on 1.6.2010 for distribution. But the SHG took only 80 quintals of rice leaving the balance 13.5 quintals of rice in the godown. Similarly, MD Lamps, R. Udayagiri was issued with 191.05 quintals of rice on 02.06.2010. But actually, Sri Dash has given only 180 quintals of rice leaving the balance 11.05. quintals of rice in the godown. On 03.06.2010, the petitioner has shown issue of 10.25 quintals of sugar to MD, Lamps R. Udayagiri, but he has not made delivery of the same to the Lamps. It is, therefore, alleged that the petitioner' was issuing less quantity of PDS Commodities to the retailers although he is showing issue of full quota of the same in the issue registers, for which there was 24.62 quintals of excess rice and 10.25 quintals of excess sugar found in the godown over and above the book balance, which was kept for the purpose of black marketing. It is alleged that the petitioner as such violated Clause-11 of the Orissa Public Distribution System (Control) Order, 2008 (in short 'the PDS (Control) Order, 2008') by retaining the excess stock showing false distribution and as such he is liable under Section 7 of the Essential Commodities Act.