NANI GOPAL PALIT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. A. K. Bhattacharyya, learned senior advocate appearing on behalf of the appellant Ronodip Das and Mr. D. Talukdar, learned counsel appearing on behalf of the appellant Nani Gopal Palit. Also heard Mr. S.C. Keyal, the learned Standing Counsel appearing on behalf of the respondent, C.B.I.

(2.) Both appeals have been preferred against common judgment and order dated 30.6.2006 passed by the learned Special Judge, C. B.I., Guwahati, Assam in Spl. Case No.13/2004 and hence, both the appeals taken together and disposed of by this common judgment.

(3.) The factual matrix of the case in brief is that on 30.06.1993, the then S.P., C.B.I., ACP, Guwahati received a source information that during February,1989 to May, 1989 while posted and functioning as Field Officer, SBI, Diphu Branch and Manager, Agricultural Banking Division, SBI, Diphu Branch, Sri Noni Gopal Palit and Sri Ronodip Das entered into criminal conspiracy with each other and in pursuant thereof Rododip Das sanctioned total number of 59 fishery loans under IRPD schemes on recommendation of Sri N. G. Palit, in the name of non-existing fictitious borrowers. Thereafter, they disbursed subsidy amount totally Rs.2,95,000.00 by issuing bankers cheque without debit confirmation from borrowers. Further, an amount of Rs. 2,80,000.00 was also disbursed against the IRPD loans as subsidy to different suppliers fictitiously. On the basis of the said source information RC Case No.15(A)/93-SHG was registered and investigation was carried out on the matter.