R.K. RANGA Vs. CBI CHANDIGARH

JUDGEMENT

(1.) FACTS : During the period between July, 1996 to November, 1996 when Sh. R.K. Ranga was posted as Senior Regional Manager of the Food Corporation of India, Haryana Region, Chandigarh, the Government policy for sale of wheat known as "Open Market Sale Scheme (Domestic)" for short "OMSS(D)" was violated. Shri R.K. Ranga entered into criminal conspiracy with Surinder Kumar Tikku co-accused. In pursuance of the said criminal conspiracy, he demanded and accepted illegal qualification worth Rs. 26.55 lacs during the period July, 1996 to November, 1996. Originally case was registered at Police Station Civil Lines, Rohtak vide FIR No. 10 dated 6.1.1997 under Sections 3(i)(B) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and Section 7(1) of Essential Commodities Act, 1955 and Sections 420/199/200/109 and 120-B of the Indian Penal Code on the complaint of one Narain Parshad Goel of Anaj Mandi, Rohtak.

(2.) AS per Narain Parshad Goel, wheat is allocated to the Haryana Government by the Government of India under the OMSS(D). In Haryana this wheat was distributed as per the directions of Shri R.K. Ranga, Senior Regional Manager, FCI, Haryana Region, Chandigarh. Sh. R.K. Ranga had distributed almost 70/80% of total wheat to the Roller Flour Mills alone. As per him, it was being rumoured that wheat was allotted through his agent Sh. Om Narain, only to their agents on payment of Rs. 30/- per bag. Since wheat was allotted only to their agents, wheat could not be given to the traders for the month of August, 1996 whereas the traders sell wheat to the ordinary consumers. For this reason, FCI had to extend the date for sale of wheat upto September, 15. As per him, Sh. Ranga had created three categories viz. Flour Mills, Atta Chakkis and Traders and thereby he deprived the traders of their basic right which is against the law. He was also a trader in wheat holding HFA No. 549. He deposited a demand draft for the purchase 200 bags of wheat on 29.8.1996 with the FCI Rohtak under the OMSS(D). He handed over that draft/pay order to Sh. Om Narain Sharma who was working as AG-II FCI, Rohtak. At that time, he was accompanied by Rajinder Kumar Bansal, Secretary of Mandi. Om Narain Sharma demanded a bribe at the rate Rs. 30/- per bag and informed that demand of bribe was being made on the instructions of Sh. Ranga. Sh. Narain Parshad Goel refused to accede to his demand for bribe. Om Narain Sharma refused to take the draft and stated in categoric terms that he would not accept any draft/pay order without the payment of Rs. 30/- per bag. He was asked to go out of office. On 6.9.1996 he again purchased a draft for Rs. 28750/- bearing No. 060245 drawn on SBI. Om Narain Sharma stated that he could make complaints against them but he would not accept the draft. He sold his draft to M/s Siri Chand Ram Chander. He came to know that this firm was also not allotted full wheat; the reason being that this firm had also not paid bribe. In October, 5000 bags of wheat were allotted at the rate of Rs. 490/- per quintal to a Flour Mill which was closed for the last 2/3 years. Similarly during the month of November, the same firm was released wheat under the OMSS. Wheat of this firm going to Delhi was detained by Sale Tax Authorities on 29.11.1996 alongwith the GR (bilty). The said owner made a lot of money in one day by selling the wheat in the black market. The firm which was closed for the last 2/3 years had furnished a false affidavit for applying for allotment of wheat under OMS Scheme. It was alleged by Narain Parshad Goel that there are numerous agents who in collusion with employees and authorities are defeating the OMS Scheme and are selling the wheat thus purchased in the black market and earning profit. They are committing serious offence by deceiving the Government by disallowing the wheat/flour to reach the ordinary consumers.

(3.) DURING investigation it was found that Sh. R.K. Ranga while posted and functioning as Senior Regional Manager, FCI Haryana Region, Chandigarh entered into criminal conspiracy with Surinder Kumar Tikku co-accused. In pursuance of the said criminal conspiracy, he demanded and accepted illegal gratification worth Rs. 26.55 approximately in consideration of releasing FCI OMSS(D) wheat during the said period in favour of different parties. During investigation, it was found that a total of around 18200 MTs of wheat was released to 16 parties of Panchkula, by the FCI Distt Offices, Karnal and Kurukshetra during the period from July, 1996 to December, 1996. Of these 7 Roller Flour Mills were issued over 18000 Mts whereas remaining 9 small traders and chakkiwalas were issued the rest of the wheat. During investigation it was found that almost all the Roller Flour Mill owners were coerced into paying illegal gratification for issuance of release order of wheat to which they were legitimately entitled on pro rata basis. M/s Rattan Flour Mills, Panchkula, M/s Friends flour Mills, Panchkula, M/s Sanjay Flour Mills, Panchkula and so on have paid various amounts to Sh. R.K. Ranga through his agent Sh. Surinder Kumar Tikku, totalling Rs. 26.55 lacs. It was because of the receipt of illegal gratification that OMSS (D) was violated.