SUBASH CHANDRA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Agarwal and Mr. M.B. Baruah, learned counsel for the Appellant and Mr. D.K. Das learned standing counsel for CBI.

(2.) The case of the prosecution in brief is that, accused No. 1 N.K. Dutta Bhowmick while functioning as Branch Manager, Union Bank of India(UBI), Jorhat branch during 1982-83 entered into criminal conspiracy with accused No. 2 Subhas Chandra Sharma, Nawal Kishore Jain(since deceased) and accused No. 3 Raj Singh Jain. Accused N.K. Jain and Raj Singh Jain were partners of M/s. Nawal Enterprises(NE) and M/s. Karbi Anglong Tea & Industries(KATI). Accused No. 2 Subhas Chandra Sharma was the Manager of South Eastern Road Carriers(SERC) Dibrugarh. M/s. NE enjoyed the facilities of documentary bill purchase upto the limit of Rs.4.50 Lakhs sanctioned by Zonal Office of UB1. M/s. KATI do not have such facility of advance through documentary bill purchase. According to Bank Rules, documentary bill purchase provided for purchase of consignee copy of motor lorry receipts(MLR) of the Transport company approved by the Indian Bank Association covering despatch of goods. MLR are to be issued in course of the business transactions.

(3.) The accused No. 1 N.K. Dutta, during the period of 19.11.82 to 13.12.82 purchased 23 numbers of bills of M/s. NE cost at Rs.95,472/- for each bill. He also purchased bills of M/s. KATI of Rs.47,736/-. All the bills relates to MLR showing despatch of materials by late N.K. Jain and accused R.S. Jain on behalf of M/s. NE and M/s. KATI.