RAMAKANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these criminal miscellaneous application have been filed for similar relief as such have been taken together and are being disposed of by this common order.

(2.) PETITIONERS in all these applications are Class A1 contractors doing contract work in various Central Government projects as well as the State Government projects including Railway, C.P.W.D. etc. They are alleged to have deposited the stolen National Saving Certificate (N.S.C.) and Kishan Vikash Patras (K.V.P.) in connection with surety for contract. These NSCs and KVPs were stolen from railway wagon at Patna Railway Junction. G.R.P.S. Case No. 29 of 1998 was earlier registered on 24-2-1998 in connection with theft of crores of NSCs and KVPs. The informant of this case was Laxman Dixit, S.I. G.R.P.F. FIR was against unknown. During the course of investigation several persons were included in the list of accused including the petitioners as they furnished stolen NSCs and KVPs as security for contract. Investigation in this case is going on though charge sheet has been submitted in case of some accused persons and cognizance has also been taken. So far the petitioners are concerned investigation against them is still continuing.

(3.) THE prosecution case as disclosed in the written complaint by the informant Ramesh Prasad Verma, A.S.I. Patna Junction Rail Police is to the effect that he was I.O. in Rail P. S. Case No. 29 of 1998, dated 24-2-1998 and the DIG (Rail) during the supervision of the case on 16-6-2006 and the office of the S.P. (Rail) issued order contained in Memo No. 1366 CR dated 24-6-2006. In compliance of these direction the informant recorded his statement as the conduct of the informant Sri Laxman Dixit, Inspector, R.P.F. (informant of G.R.P.S. Case No. 29 of 1998) was found to be suspicious. As per provision of Art.20(3) of the Constitution of India no one can be compelled to depose against himself hence Laxman Dixit could also not be compelled to depose evidence on behalf of the prosecution. Earlier on the statement of Laxman Dixit case was instituted in which it is stated that out of parcels in the wagon certain parcels were required to be unloded at its destination at Patna Junction and thereafter railway wagon was to be sent to Howrah after sealing it but instead of sending the wagon to Howrah after seal it remain stationed at Patna Railway Yard and the seal of the wagon was found broken on various dates at Patna Railway Yard and was resealed. As per the Rule the concerned officer was obliged to examine and take statutory action if the seal was broken but the wagon was resealed. If a public servant breaches any statutory provision of Rule and extends any financial gain to any person, such act is a punishable offence.