LAWS(P&H)-2013-1-422

STATE OF PUNJAB Vs. PRITAM CHAND AND OTHERS

Decided On January 25, 2013
STATE OF PUNJAB Appellant
V/S
Pritam Chand And Others Respondents

JUDGEMENT

(1.) The following reference made by a learned Single Judge on Aug. 09, 2012 has led to placement of this Criminal Appeal alongwith two Criminal Revisions (Criminal Revision Nos.1245 and 1412 of 2012) and two Criminal Misc. Petitions (Crl.Misc.M Nos.5582 of 2009 and 24351 of 2012) before us:-

(2.) To appreciate the controversy in its correct perspective, brief reference to the facts may be made from Criminal Appeal No.28-DBA of 1991 which has been preferred by the State of Punjab against the order dated 18.1.1990, passed by the Judicial Magistrate, First Class, Samana, acquitting the respondents in a case under Sec. 406 Penal Code which had arisen out of FIR No.159 dated 26.9.1984 registered at Police Station Ghagga, District Patiala.

(3.) The afore-stated FIR was registered on the basis of a written complaint made by the District Manager, Punjab State Civil Supplies Corporation Limited, Patiala (in short, the PUNSUP), inter-alia, alleging that PUNSUP had purchased paddy as one of the procuring agencies of the State Government for custom milling and for delivering the resultant rice to Food Corporation of India (in short, 'FCI') in the central pool, out of which 4293-80-000 quintals of paddy was entrusted to M/s Jagdamba Rice Mill, Ghagga, for shelling during the paddy season 1983-84. The respondents accused were the partners of the Firm M/s Jagdamba Rice Mill and as per the Government Instructions they were obligated to deliver 67% yield of rice of PR-106 variety. The respondents, however, did not deliver the custom milled rice to the tune of 447-05-900 quintals as well as 3634 'B Class' gunny bags which were entrusted to their firm. In this manner, the respondents were alleged to have caused loss to the tune of Rs. 1,33,028.99 to PUNSUP and defalcated paddy worth the above mentioned amount.