FCI Vs. SATWANT SINGH

JUDGEMENT

(1.) This revision is directed against the judgment dtd. 23/12/2005 passed by learned Additional Chief Judicial Magistrate, Amritsar, whereby the respondents- accused have been acquitted in a case arising out of FIR No.220 dtd. 11/6/1992 registered at Police Station Sadar Amritsar, under Sec. 406 IPC.

(2.) FIR was lodged on the complaint of District Manager, Food Corporation of India, Amritsar, as per which during the month of January, 1991, 6614 bags weighing 4286 quintals of paddy crop belonging to FCI was stored in the mill premises of M/s Free India Rice Mills, Sangrana Sahib owned by the accused, for the purpose of getting the same milled into rice. Agreement dtd. 27/12/1990 was executed containing terms and conditions of contract for milling. After taking into account 2% driage allowance, the miller was required to deliver the resultant rice to the FCI which should have been in the ratio of 69% of the quantity of the paddy. It was alleged that accused misappropriated 1657 bags i.e. 1055 quintals 50 kg and 942 grams of paddy belonging to the FCI and, thus, committed offence under Sec. 406 IPC.

(3.) Investigation was carried out. Challan was filed. Accused were charge-sheeted under Sec. 406 IPC. After holding trial, acquittal was recorded by learned Additional Chief Judicial Magistrate, Amritsar by observing that prosecution had failed to prove the entrustment of the quantity of the paddy bags as was being alleged by it and rather, the rice paddy bags stored in the mill of the accused were under the custody of the Food Corporation of India officials, which was proved in an internal inquiry conducted by FCI itself. With these findings, acquittal was recorded, against which this revision was filed.