K M PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 26-11-1996 passed by Special Judge, C.B.I., Patna whereby and whereunder the petitioner has been remanded into judicial custody under the provision of Section 167 of the Code in Special Case No. 22 of 1996 and for release of the petitioner from custody in the aforesaid case. The petitioner also seeks a declaration that the modus operandi adopted by the Central Bureau of Investigation of arresting and seeking remand of the petitioner in only one case out of several special cases, in which he figures as an accused at a time, relating to Animal Husbandry Scam and only upon near completion of the statutory period of 90 days of custody in that case arresting afesh the petitioner and seeking his remand under Section 167 of the Code in the second case and again repeating the process near completion of 90 days of confinement is an abuse and misuse of the power conferred by Section 167 of the Code and is also violative of the guaranteed right of the petitioner, under Article 21 of the Constitution of India.

(2.) The petitioner is accused in a few Cases out of several cases registered by the/Central Bureau of Investigation v in the State of Bihar in connection with alleged large scale illegal withdrawal of huge amount from various Treasuries of the Government of Bihar in relation to supply of fodder, medicine, etc. to the Department of Animal Husbandry which is commonly known as Animal Husbandry Scam. It appears that in the month of February, 1996, various cases were filed by the State Police spread over several districts of the State relating to the aforesaid Animal Husbandry Scam including the cases which later on were registered afresh as a Special Case Nos. 49 of 19%, 33 of 19% and 22 of 19% in the court of Special Judge, C.B.I, Patna. The investigation in 46 old cases were taken up by the Officer of the various Police Stations concerned. While investigation in various cases relating to the said scam were going on writ application by way of Public Interest Litigation was filed in this Court and a Division Bench of this Court directed the CB.I. to take up investigation relating to fraudulent drawals in Animal Husbandry Department, Government of Bihar during the period 1977-78 to 1995-96 and lodged case where drawls are found to be fraudulent in character and to conclude investigation within a specified period. This court by the said order suspended investigation by the State Police in cases already instituted by it. It further appears from the record - that against the aforesaid order the State of Bihar preferred appeal before the Supreme Court under Article 136 of - the Constitution and the said appeal was dismissed by the Supreme Court. However, the Apex Court modified the order of this Court to the effect that the investigation by the State Police in cases already instituted shall remain suspended and directed the C.B.I. to take over the investigation of the cases including the F.I.R., arrests and attachments already made therein and deal with them appropriately. Thus, according to direction of the Apex Court the CB.I. took over the investigation of all the 40 odd cases instituted till the date of passing of the order and those cases were afresh registered as R.C Cases and were registered in Special Judge, C.B.I., Patna and were assigned various Special Case numbers. According to petitioner, all the three special cases in which the petitioner has (been arrested one after another were registered as Special Case Nos.49 of 19%, 33 of 1996 & 22 of 1996.

(3.) As regards the case of the petitioner, as stated in this application, is that in all the aforesaid three Special Cases in which the petitioner has been arrested have common patterns and features which had taken place over period of time in almost all the districts of the State. It is stated that in all the three cases the allegation is of excess fraudulent drawls made by the Animal Husbandry Department from concerned treasury pursuant to alleged criminal conspiracy hatched between the Officers of the Animal Husbandry Department, suppliers firms and others and in pur- suance of such conspiracy on the basis of forged supply order, fake supplies, withdrawals were made which were in excess of budgetary allotment. The petitioner further contended in the application that various cases were registered on the basis of territorial jurisdiction of different Police Station in which withdrawal took place and on the basis of year of withdrawal though as per prosecution case itself all are allegedly transaction effected pursuant to the same larger conspiracy and all the cases have been entrusted to the same agency and are being investigated by the said agency, namely, CB.I. According to petitioner, he joined the Bihar Veterinary Service in the year 1968. He was transferred to Ranchi in the year 1974 as Roaving Veterinary Officer and, thereafter, he was posted as Assistant Director, Animal Husbandry (Planning) in Ranchi Range in the year 1987 and he has been working as such till March- April, 1996 when the petitioner was put under suspension. The petitioner's further case was that he has a clean record of service stretching over two and half decade during which he has been discharging his duties to the satisfaction of one and all. Since the petitioner was made accused in various cases, in some of them he has been named as an accused and in other cases by virtue of the office he has been implicated. However, the petitioner said to have surrendered on 14-6-1996 before the CB.I. authorities at Ranchi in all the cases in which he figured as an accused but the CB.I. in the teach of the provisions of the Code vide its requisition dated 15-6- 1996 produced the petitioner before the Magistrate, namely, C.J.M., Ranchi showing him to be arrested and produced in Special Case No. 49 of 1996 only. Learned Chief Judicial Magistrate by its order dated 15-6-1996 granted transit remand of the petitioner for being produced before the Special Judge, CB.I. Patna. On 17-6-1996 the petitioner was produced before the special Judge, C.B.I. Patna who on the requisition of C.B.I. granted police custody of 7 days by his order dated 17-6-1996. It further appears from the instant application that while the petitioner was in custody under Section 167 of the Code of Criminal Procedure he made an application for bail in a Special Case No. 49 of 1996 vide Criminal Miscellaneous Case No, 11853 of 1996 and in that case CB.L filed a counter-affidavit opposing the prayer of bail on various grounds. However, on the basis of requisition dated 10-9-1996 a prayer was made by C.B.I. for remand of the petitioner in judicial custody in another case, .namely, Special case No. 33 of 1996. The Special Judge, CB.I. by its order dated 12-9-19% passed an order for remand of the petitioner into custody in the aforementioned special Case No. 33 of 1996. It further appears that a fresh requisition was made in a Special Case No. 22 of 1996 and remand of the petitioner was sought in the aforementioned case on the ground mentioned therein and the Learned Special Judge despite the objection raised by the petitioner that such successive remand was an abuse of process of Court, has passed the impugned order dated 26-11- 1996 and remanded the petitioner into judicial custody under the provisions of Section 167 of the Code of Criminal Procedure. The said order dated 26-11- 19% is impugned in this application.