RAJENDRA PRASAD KHAITAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the criminal revisions are taken together arising out of the common impugned order dated 3.7.2009 passed by the learned Special Judge, C.B.I.-cum-Additional Sessions Judge, XIII, Dhanbad in R.C. Case No. 7(A)/2000(D) by which the petitions preferred under Section 227 of the Code of Criminal Procedure by the petitioners for their discharge was dismissed.

(2.) Prosecution story in short was that the Hon?ble High Court of Judicature, Patna vide its order dated 26.4.2000, passed in C.W.J.C. No. 2652 of 1999, directed the Central Bureau of Investigation to investigate the cases of Medical Store Department Scam in Bihar relating to illegal purchase of medicines from the Medical Store Department, Calcutta to the tune of crores of rupees by different Health Units of the Department of Health Services, Government of Bihar. Pursuant to that, a case was registered vide R.C. 7(A)/2000(D) on 20.6.2000 on the statement of the informant Sri Braj Kishore Pathak, Deputy Collector, Confidential Section, Dumka (Bihar) for the alleged offence under Sections 120B r/w 408, 409, 420, 467, 468, 471, 477A of I.P.C. as also under Sections 13(2) r/w 13(i)(c) & (d) of P.C. Act. Materials could be collected against the petitioners in course of investigation. It was disclosed during investigation of the case that the consignment of medicines meant for Medical Officer, Incharge, Referral Hospital, Jarmundi under Issue Voucher No. 40/1/93 and Issue Voucher No. 160/1/93 for the consignee i.e. Incharge Medical Officer, Referral Hospital, Jarmandi were packed under 40 cartons related to Issue Voucher No. 40/1/93 and separate 240 cartons related to Issue Voucher No. 160/1/93 and such vouchers were handed over to the petitioner Biplab Majumdar, representative of M/s. Sureka Air Transport, Kolkata on 16.2.1993 and 26.2.1993 respectively against acknowledgement for transportation and delivery of the consignment to the said consignee. But the investigation revealed that no such medicine could be received at the consignee end i.e. Incharge Medicial Officer, Referral Hospital, Jarmundi in respect of the said two vouchers. It was further disclosed during investigation that Smt. Radha Devi Khaitan (since expired) was the proprietor of the aforesaid firm M/s. Sureka Air Transport having its office at 119-B, Chittaranjan Avenue, Kolkata and the affairs of the said company were being looked after by the petitioner Rajendra Prasad Khaitan under the power of attorney executed by Smt. Radha Devi Khaitan. Petitioner Biplab Majumdar was the Loading Supervisor/Representative and one Pawan Kumar Khaitan was the Booking Incharge of the firm handling the transportation work under the supervision of the petitioner Rajendra Prasad Khaitan. Though consignments of medicines were received by Biplab Majumdar on behalf of the said firm M/s. Sureka Air Transport but the same were not delivered to the consignee Medical Officer, Incharge, Referral Hospital, Jarmundi. It could be gathered in course of investigation that the consignments of medicines were unloaded in the godown of the said firm M/s. Sureka Air Transport and its sister concern M/s. Phoenix Roadways at Kolkata and it was found that there was no actual transportation of the aforesaid consignments as the company did not indicate the registration numbers of the trucks which was essentially to be mentioned at least in the transporter?s challan.

(3.) Learned Counsel appearing on behalf of both the petitioners submitted that initially Jarmundi P.S. Case No. 0131 of 1994 was registered as a regular case on 15.11.1994 against the accused persons for thorough probe of the allegation.