RAM PRATAP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant writ application has been filed for quashing the entire criminal proceeding pending against the petitioner in connection with Special Case No.35 of 2003 corresponding to Vigilance P.S. Case No.01 of 1995 pending in the court of Special Judge, Anti-Corruption Bureau, Chaibasa under Sections 420, 467, 468, 471, 109, 120B, 201 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. 1988.

(2.) The prosecution case has been initiated on the basis of written report lodged by Superintendent of Police, Vigilance on 06.01.1995 wherein it has been stated that during the course of enquiry Zila Parishad and Panchayati Raj Samiti of Bihar Legislative Assembly found that during the period 1988-89, 1989-90 and 1990-91 insecticide Alderin 30 E.C. was purchased from the fake firm i.e. M/s Allied Agro Chemical Industries, Deoghar for Rs.26,48,093.14. Thereafter, a decision was taken at the level of Government to take necessary action and a report of the committee was presented before the Bihar Legislative Assembly and a copy of which was also sent to the Vigilance Bureau for lodging of the F.I.R. A preliminary enquiry was conducted by the Vigilance Bureau from which it was found that M/s Allied Agro Chemical Industries, Deoghar is a fake firm and the proprietors Mohan Lal Murarka and his son Arun Kumar Murarka had received illegal money on the basis of false/fake purchase of Aldrine 5% dust and Aldrine 30 EC. It was alleged that as per the conspiracy hatched by the Public Servant with the proprietors of M/s Allied Agro Chemical Industries, Deoghar, M/s Krishi Vikash Bhandar, Gaya and Gramin Vikash Kendra, Chaibasa, a fake purchase of insecticide were shown through the firms which were not in existence. It was further alleged that both the firm i.e. M/s Krishi Vikash Bhandar, Gaya and Gramin Vikash Kendra, Chaibasa had supplied insecticides from the year 1989 to 1990 and had received Rs.2,65,000/- and Rs.21,77,568.46 respectively. It was also alleged that without inviting any tender and without any enquiry Ram Pratap Singh, the then D.F.O., Chaibasa, North Division vide his memo no.1427 dated 25.06.1986 has issued purchase order to M/s Krishi Vikash Bhandar, Gaya and Gramin Vikash Kendra, Chaibasa for supply of 275 bags of Aldrine 5% dust (50 Kg per bags) @ Rs.299.80 paise per bag to supply in five forest range and to submit the bills in two copies after taking receipt from the Range Officer of the forest. It was alleged that the supply of above mentioned insecticides were fake and the proprietors of the firms had submitted their bills for the payments and thereafter the payments of Rs.84,198/-was made.

(3.) On the basis of the preliminary enquiry report, the F.I.R. was lodged at Vigilance Police Station. After investigation, the Vigilance Bureau submitted charge sheet against the petitioner under Sections 420, 467, 468, 471, 109, 120B, 201 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 vide charge sheet no.68 of 2011 dated 10.10.2011 which was received by the Special Judge, Vigilance on 14.10.2011.