DHARAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been filed by the petitioner-Dharam Chand under Sec. 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short 'BNSS') against order dtd. 28/9/2024, passed by learned Special Judge-II, Mandi, District Mandi, H.P., in CIS Registration No.32 of 2013, whereby the application filed by the petitioner-accused under Sec. 227 of Cr.P.C. for discharging him in case FIR No.10 of 2022 under Ss. 409, 420, 467, 468, 471, 120-B of the Indian Penal Code ('IPC') and Sec. 13(2) of Prevention of Corruption Act, 1988 ('PC Act'), was dismissed.

(2.) The brief facts, giving rise to the present petition, are that on the basis of a complaint made by one Lal Chand, Clerk in the office of HP Milk Federation Mandi Unit at Chakkar, FIR No.10/2002, dtd. 1/7/2002, under Ss. 409, 420, 467, 468, 471, 120-B of IPC and Sec. 13(2) of PC Act was registered against the petitioner and other persons, wherein it was alleged that some part of the milk which was being brought to H.P. Milk Federation Mandi Unit at Chakkar, by its officers and officials from Kataula milk Chilling Centre, was being sold on the way and the amount received from such sale was misappropriated and embezzled. Thereafter, an initial inquiry was carried out by ASI Kapoor Chand, Enforcement North Zone, Dharamshala, in which, it was found that Dharam Chand, Incharge MCC Kataula (petitioner herein), used to collect the milk from Co-operative Societies, Kataula, Riyagri and the Government Live Stock Farm (GLF), Kamand, from where, it was taken to Milk Federation Unit plant Chakkar at Mandi, with a challan having a duplicate copy and the Superintendent, Milk Federation Unit, Chakkar Mandi after recording the quality and quantity of milk, used to hand over the copy of challan to In-charge MCC Kataula and send the details of milk received daily to Incharge Manager P and I for information. At the end of month, the Milk Co-operative Societies Riyagri, Kataula and GLF Kamand used to send their bills to Senior Manager Chakkar, through post, who used to send the said bills to In-charge P and I for further necessary action and the incharge then used to send those bills to Incharge, MCC Katuala (petitioner) for verification of the quantity and quality of the milk. The petitioner used to verify those bills in the same form and after his verification, such bills again used to reach at in-charge Manager P&I Chakkar Mandi for further action, who used to verify those bills in the same form as were verified by in-charge MCC Kataulan and after verification, those bills were sent for payment to the account branch and those orders also used to be counter-signed. Thereafter, the payments were made by way of cheque to milk societies Riyagri, Kataula and GLF Kamand. In the inquiry, it was found that for the year June, 1994 to 31/3/1995, 4683 liters of the milk , amounting to the tune of Rs.37,464.00, for the year April 1995 to 31/3/1996, 12,633 liters of the milk amounting to Rs.1,10518.00, for the year April, 1996 to 31/3/1997, 9293 liters of milk amounting to Rs.97, 765.50, for the year April, 1997 to 31/3/1998,7881 liters of milk amounting to Rs.84,720.00, for the year April, 1998 to 31/3/1999, 8129 liters of milk worth Rs.93,483.50, for the year April, 1999 to 31/3/2000, 9666 liters of milk amounting to Rs.1,20,825.00 and for the year April, 2000 to 31/3/2021, 491 liters of milk worth Rs.6,383.00 (in total, the milk of total worth Rs.5,56,656.00) was received less in the Milk Federation Unit at Chakkar, hence, the officers and employees of Milk Federation Chakar Unit Mandi had misappropriated and embezzled the aforesaid government money. On the basis of aforesaid inquiry, the FIR in question was registered.

(3.) Learned Senior Additional Advocate General submitted that during the course of investigation, it was found that during the period April, 1995 to March, 1996, the milk to the tune of Rs.1,07,198.00 was found deposited less in Milk Federation Chakkar and the petitioner, who was Incharge MCC Kataula, used to collect milk of Co-operative Societies Kataula, Riyagari and GLF Kamand and deposit the same at Milk Federation Chakkar Unit at Mandi. The record of Milk Federation Chakkar Unit Mandi revealed that the correct figures were not given and closing balance of milk in the end of month was not being rightly shown in the opening balance of milk on the next month. Sudhir Chand Katoch, Assistant Manager, P&I, Amar Nath Gupta, Senior Manager, were not sending the correct figures and there were counter signatures on some of the records of Amar Nath Gupta, Senior Manager and Anil Sanyal, who remained posted as Senior Manager for the year 1990 to 2002 at H.P. Milk Plant Mandi Unit at Chakkar. The investigation also revealed that the petitioner, who was Incharge Milk Chilling Centre Kataula and one Ram Singh, MCC Kataula used to bring milk from MCC Kataula to HP Milk Plant Mandi Unit at Chakkar in a vehicle and on the way, the petitioner used to sell some milk and he had nowhere mentioned regarding the sold milk in the record, nor deposited the sale amount of such milk anywhere, hence, total 12683 liters of milk amounting to Rs.1,07,198.00 was deposited less at H.P. Milk Plant Mandi Unit at Chakkar, thereby, a loss of Rs.1,07,198.00 was caused to the Milk Plant, Mandi Unit at Chakkar during the year April 1995 to March, 1996.