STATE OF PUNJAB Vs. DALBARA SINGH

JUDGEMENT

(1.) This appeal by the State of Punjab is directed against the judgment dated February 24,1981, passed by Shri Gian Inder Singh, Special Judge, Ludhiana, whereby he has acquitted Dalbara Singh, respondent No. 1 and Surinder Singh, respondent No.2 of the charges under sections 5(1)( d), read with section 5(2) of the Prevention of Corruption Act and sections 161, 420, 465, read with section 471, section 468, read with section 109 and section 471, read with section 109, Indian Penal Code.

(2.) The prosecution case, in brief, is that the Punjab Dairy Development Corporation, which is a State Government undertaking has set up a number of milk plants in the State. One of such milk plant is located at Ludhiana. Each milk plant has opened its centre for collection of milk. The Commission Agents have been appointed in the villages who collect milk on behalf of the milk plant. They then bring the milk to the milk assembling/milk chilling centers, both in the morning and in the evening. The Technical Assistant makes entry of each village in a proforma PD-I of which three copies are prepared, one copy is retained by the Technical Assistant and the remaining two copies are sent to milk plant. PD-I proformas are thereafter sent to Chandigarh Head Office after retaining one copy of the same. The bills are prepared at the Head Office and are sent to the milk plant for making payment through the Commission Agent. The Cashier makes this payment.

(3.) Jaswant Singh (P.W. 1) was Head of the Engineering and Technology in the office of Punjab Dairy Development Corporation, at Chandigarh. As a part of his duty be used to make inspection visits to milk plants/chilling centers and other units of the Corporation within the State of Punjab.