ASHOK KUMAR SINHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in BLAPL No. 3213 of 2016 namely, Braja Kishore Mishra was the Junior Steno -cum - Registration Clerk and petitioner in BLAPL No. 3245 of 2016 namely, Ashok Kumar Sinha was the Junior Inspector of Motor Vehicles in the office of the Regional Transport Officer, Chandikhol respectively have filed applications under section 439 Cr.P.C. for bail as their prayer for grant of bail was turned down by the learned Sessions Judge in charge, Jajpur vide order dated 24.05.2016. Since these bail applications arise out of the same First Information Report, on the basis of which Badachana P.S. Case No.75 dated 30.04.2016 was registered under sections 420, 468, 471 read with section 34 of the Indian Penal Code corresponding to G.R. Case No.405 of 2016 pending in the Court of learned J.M.F.C., Chandikhole, with the consent of the respective parties, the bail applications were heard analogously and the same are disposed of by this common order.

(2.) On 30.04.2016 Shri Prahallad Behera, the Regional Transport Officer, Chandikhole presented the First Information Report before the Inspector in Charge, Badachana Police Station, Jajpur stating therein that basing upon an information regarding fraudulent act by some tanker operators during registration of the vehicles in his office, he probed into the matter and found that twenty seven numbers of transport vehicles more particularly in the category of "Tanker" were registered at various stages and the owners/agents of those vehicles produced forged and fake documents like sale letters and connected documents and on verification with the concerned manufacturer/dealer, the fraudulent and dishonest activities of the violators were proved. The informant cancelled the registration certificates of twenty five vehicles and issued notices for cancellation to the concerned persons in compliance with the settled provisions of the Motor Vehicles Act and Rules as well as the departmental circular. The registered owners of remaining two vehicles were also issued notice for production of their vehicles along with all original documents. The numbers of twenty seven vehicles were mentioned in the First Information Report in which by producing fake documents, the accused persons had managed to get RC books, fitness certificates and permits. On receipt of such First Information Report, Badchana P.S. Case No.75 of 2016 was registered against twenty seven accused persons under sections 420, 468, 471 read with section 34 of the Indian Penal Code.

(3.) The Inspector in Charge of Badachana Police Station himself took up investigation of the case and recorded the statement of the informant who stated that the staffs of RTO Office, Chandikhole including the petitioner Ashok Kumar Sinha who was the Junior Inspector of Motor Vehicles knowing fully well that the documents produced in the Office for registration of the vehicles were fake, facilitated the unscrupulous owners through the dalals/agents to get the registration numbers, fitness certificates and permits and the petitioner Ashok Kumar Sinha used his own personal I.D. and password which was not transferable, from which it was established that deliberately he had committed the offence for his personal gain. On 02.05.2016 on the production of the informant, the Investigating Officer seized the personal files of all the FIR mentioned twenty seven vehicles as per seizure list. On 03.05.2016 the Investigating Officer received reply from the informant in connection with the duties distributed among his staffs. Petitioner Braja Kishore Mishra who was the Junior Steno was allotted with the registration charges in respect of certain series of vehicles. During course of investigation, the Investigating Officer also collected materials which indicated that the policies of the Insurance Company which were produced at the time of registration of the tankers before RTO, Chandikhole were fake. Request letter was sent to SP, Jajpur to move the bank authorities to freeze the bank accounts of the tanker owners and transporters in which they had received illegal money by using new registration numbers in their old vehicles for transportation of petroleum products illegally and taking part in the tender process without having such vehicles against which new registration numbers had been obtained from the office of the RTO along with road permits and fitness certificates. The statement of one Kalyan Ch. Samal, Jr. Clerk in the office of RTO, Chandikhole was recorded who stated that fake sale letter, tax invoice, roadworthy certificate and insurance certificate etc. were produced before the petitioner Braja Kishore Mishra for registration of the tankers who never verified the genuineness of those documents and fixed the fees of the tankers and asked the owners to deposit the fees. He further stated that the petitioner Ashok Kumar Sihna had signed on the hardcopies of all the twenty seven files as well as online in the office computer system and issued fitness certificates of all the twenty seven vehicles and neither the petitioner Braja Kishore Mishra nor the petitioner Ashok Kumar Sihna had physically seen the tankers before or after issuance of registration numbers, permits and fitness certificates. He further stated that such tankers were never existing and knowing fully well that the documents produced in the Office for the registration of the vehicles were fake, facilitated the unscrupulous owners through the dalals/agents to get the registration numbers, fitness certificates and permits. The Investigating officer also obtained the procedure for registration of a tanker from the RTO, Chandikhole and documents required for such registration. Petitioners Braja Kishore Mishra and Ashok Kumar Sihna were taken into custody on 19.05.2016 as prima facie evidence under sections 420/468/419/471/120 -B of the Indian Penal Code was made out against them and they were forwarded to Court.