BIJAY KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Several cases arises out of Vigilance Police Case of the year 1995 for which separate vigilance cases were lodged for mass scale irregularities committed in purchase/supply of insecticides in different divisions of Forest Department causing loss to the State Government.

(2.) The prosecution story in aforementioned cases are common. As per F.I.R., member of Zila Parishad, Panchaiti Raj Samiti of Bihar Vidhan Sabha during an enquiry held that between the period 1988-89 to the year 1990-91 on the basis of non-existing company as well as on the basis of forged documents and bills submitted showing supply of Alderin dust 5% and Aldrex-30EC to the Department of Forest. The case was lodged under Sections 420, 467, 468, 471, 409, 201, 109 and 120B of the Indian Penal Code read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 by the Department of Vigilance.

(3.) The further case is that when the Government decided in the year 1991 that the purchases of insecticides will not be from the local firms then aforesaid fake companies/suppliers closed their firms as well as closed their bank accounts, therefore, it is apparent that all these firms were fake firms without any existence and were mainly dependent on the fake supply of insecticides to the Department of Forest.