LAWS(GAU)-2011-12-55

NAMSAI LAMPS LTD Vs. UNION OF INDIA

Decided On December 19, 2011
Namsai Lamps Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Mr. A.C. Borbora, learned senior counsel appearing for the petitioner. Also heard Mr. P.K. Roy, learned Standing counsel, FCI, appearing for the respondent Nos. 2 to 7.

(2.) That the FCI HTC for Tinsukia-Tezu route M/S. Namsai Lamps is also state nominee for two districts i.e. Lohit and Anjaw which is being fed by FSD Tezu.

(3.) That M/S Namsai Lamps taking the advantage of being FCI HTC as well State Nominee and in connivance with depot incharge FSD Tezu is issuing out stocks after loading at FSD Tinsukia without actually reaching FSD Tezu. For Example; truck No. AS 23G 2481 was loaded and dispatched from FSD Tinsukia with RMP No. 493431 on 05.08.2011 but on the same day it was unloaded twice with RMP No. 493907 and 493480 at FSD Tezu as per case No. 1, 4 and 5 of Table 2. An analysis of comparative statement reveals more similarly instances.