MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The four appellants stand convicted vide judgment dated 29 -8 -1990 by the Special Judge (Forests), Shimla, for the offence under section 120 -B, Indian Penal Code and sentenced to imprisonment for a period of six months each and also to pay a line of Rs 500; In default of payment of fine, each of the four appellants has been directed to undergo imprisonment for a period of two months Appellant Mohinder Singh has further been convicted under section 420, Indian Penal Code and sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs. IS 00 In default of payment of fine, he has been directed to undergo imprisonment for a further period of six months. Appellants S S Machhan and Parkash Chand have also been convicted for the offence under section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs 500 each. In default of payment of fine, each of them has been directed to undergo/imprisonment for a further period of two months The substantive sentence imposed on each of the four appellants was ordered to run concurrently.

(2.) Briefly stated, the prosecution story may be stated thus. During the year 1983 in the apple belt of Jubbal and Rohru there has been a severe incidence of scab disease in the apple crop. The State Government, with a view to provide relief to the apple growers in order to compensate them for the loss suffered by them on account of scab disease, decided to purchase the scab affected apples, Necessary modalities in the form of guidelines were framed with regard to the procurement and destruction of such scab affected apples, For the implementation of the programme, procurement and destruction parties were constituted at different places in the areas of Jubbal and Rohru, one Gazetted Officer was made Incharge of each one of such parses Each party consisted of official and non -official members. The Pradhan/Up Pradhan or the member of local Panchayat were to be associated in turn for rendering necessary assistance for the purpose of identifying and certifying the genuineness of the orchardists and fruits offered and also to serve as liaison -man between he staff and the growers, Apart from such Pradhan/Up -Pradhan or member of the Panchayat, one more person of repute from the area could also be associated for the purpose As per the modalities, only those scab affected apples were to be purchased by the procurement and destruction parties, which had actually been grown in the orchard of the concerned person. No scab affected apples could be sold to such party which did not belong to the orchard of the concerned person.

(3.) About 30,000 tonnes of scab infected apples were procured and destroyed through 195 centres set up for the purpose and compensation at the rate of 50 paise per Kg was paid to the concerned growers