Misappropriation of 633.14 quintals rice
Excelsior Correspondent
JAMMU, Aug 27: Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Sanjay Dhar has dismissed the petition seeking the quashment of FIR in misappropriation of 633.14 quintals rice.
On 08.06.2020, Police Station Crime Branch Kashmir registered FIR for offences under Sections 420, 409, 120-B IPC read with Section 13 of Prevention of Corruption Act, 1988 on the basis of complaint from Directorate of Food, Civil Supplies & Consumer Affairs wherein it was alleged that inputs indicating misappropriation of food grains (rice) from the granaries of Hygam and Baramulla have been received.
Upon receipt of this complaint, a Joint Surprise Check was conducted by the sleuths of Crime Branch as a consequence whereof it was revealed that seven trucks loaded with rice were shown to have been dispatched from Private Enterprise Godown (PEG), Baramulla, under the supervision of officers/officials of Food Corporation of India through Tehsil Supply Officer (TSO), PEG, Baramulla, FCS&CA.
These truck loads of rice were shown to have been received by TSO, Hygam Granary, Baramulla, by issuing separate challans. However, the receipt of the dispatched truck loads had been denied by the Sale Centres and even the relevant records of Accounts Section of Directorate of FCS&CA Kashmir did not substantiate the receipt of these truck loads.
During preliminary questioning of one of the truck drivers, it came to the fore that these truck loads of food grains were never dispatched from PEG, Baramulla and dispatches were shown only on papers without any physical transaction. The Joint Surprise Check also revealed that the fake challans were actually obtained by the appellant, who happened to be the Assistant Storekeeper, Palhallan Pattan, from one Siraj-ud-din Bhat, TSO, PEG, Baramulla. The appellant subsequently managed the challans in respect of trucks mentioned in the FIR from TSO, Hygam, Mohammad Hussain Bhat.
Division Bench observed, “as per the FIR, the officers/officials have after hatching a criminal conspiracy with each other and also with the employees of FCI, Baramulla, misappropriated 633.14 quintals of rice thereby causing pecuniary loss of Rs9,49,710 to the State exchequer.
“The finding of the Single Judge is well reasoned and in accordance with the law. No other ground has been urged by the counsel for the appellant during the course of arguments”, the DB said, adding “we do not find any infirmity or illegality in the impugned judgment passed by the Single Judge as such the appeal is dismissed”.
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