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District Ranchi
IN THE COURT OF THE IVTH SPECIAL JUDGE, C.B.I.,
(A.H.D SCAM CASES), RANCHI.
Present
A-1
A-2
A-3
A-4
Arjun
Sharma
(A-4)
Assistant
Poultry
Officer
(received
A-6
A-7
A-8
A-9
A-10 Braj Bhushan Prasad (A-10) Budget Officer, aged about 76 years.
A-11 Ram Raj Ram (A-11) Regional Director(AHD)-DEAD
A-12 Beck Julius (A-12) Secretary, AHD aged about 70 years.
A-13 Jagdish Sharma (A-13) Chairman, PAC aged about 63 years.
A-14 Phul Chand Singh (A-14) Finance Commissioner aged about 74
years.
A-15 Mahesh Prasad (A-15) Secretary AHD aged about 71 years.
A-16 Vidya Sagar Nisad (A-16) Minister AHD aged about 80 years.
A-17 Bhola Ram Toffani (A-17) State Minister AHD DEAD
JUDGMENT
1. This is one of the case known as Fodder Scam Cases. It
will be apparent from the discussion that high level politicians,
bureaucrats and the businessmen connived together and entered into a
criminal conspiracy for fraudulent withdrawal of public money by way of
forging several documents in virtually making a loot of public money with
only one Hidden Agenda of siphoning the public money from Govt.Treasury by fraudulent withdrawal. These cases related to a series of
orchestrated fraudulent acts by which a staggeringly huge amount of
public money was plundered and looted after creating fake bills and
other false documents for the said purpose, with the active participation
or connivance of several high ups in State-Administration and succeeded
in draining out Rs 900 crores and odd. We have heard that God is
Omnipotent, Omniscient and Omnipresent. Now, we have seen that
there is a constant and continuous attempt being made to replace the
word God by the word corruption. Day-in and day-out, there is preaching
of Sermons listing out the evils of corruption and raising slogans with
catch-words against the corruption. Similarly, we have been seeing that
in nature in presence of
409, 465, 467, 468, 477A I.P.C and 13 (1) (c), 13 (1) (d) of the Prevention
of Corruption Act punishable u/s 13 (2) of the Act. Accused A-1 has been
charged for the said offences, A-2 for the offences u/s 420, 467, 468, 471
r/w Sec. 465, 477A and Sec. 13 (1) (d) of the P.C Act. Accused A-3, A-7,
A-9 for the offences u/s 420, 467, 468, 471 r/w Sec. 465, 477A and Sec.
13 (1) (d) of the P.C Act. A 4 for the same offences. A-6 the T.O for the
offences u/s 420, 409 IPC and Sec. 13 (1) (c) (d) punishable u/s 13 (2) of
the P.C Act. Accused A-10 for the offences u/s 420, 467. 468 I.P.C and
Sec. 13 (2) of the P.C Act. Accused A-12, A-13, A-14, A-15, A-16, A-18, A20, A-21, A-22, A-24 and A-56 ( all the public servants) for the offences
u/s 13(2) of the P.C Act. Accused A-27, A-28, A-29, A-30, A-31, A-33, A34, A-35, A-36, A-37, A-38, A-39, A-40, A-41, A-42, A-43, A-44, A-46, A47, A-48, A-49, A-50, A-51, A-52, A-53, A-54, A-55, for the offences u/s
420, 467, 468, 471 r/w 465 of the I.P.C. (All the accused persons being
state and he was giving full patronage to the conspirators for gratification
and also for his political ends. A-22 was having very proximate
relationship with A-20 and A-20 was in the habit of taking gratification
through this accused. A-24 helped the main conspirators out of way for
gratification. A-25 who has become an approver was Administrative
officer in the AHD and he has given the details in the manner in which
scam was being conducted. A-26 a biggest supplier has been brought as
approver. A-27 a supplier was providing gratification to the officials,
apart from his work as supplier.
3. Initially ,this case was lodged at the typed report of D.C
Chaibasha, examined as PW 105, stating therein that in the period 199495 in the Head 2403, AHD ,a huge fraudulent withdrawal have been
made by forging several documents. It has been alleged that an amount
of Rs. 35,66,42,083/- was withdrawn against a meager allotment of few
lac rupees allocated by the Finance-Dept in the Head for the district of
Chaibasa. A team of officials was constituted by the D.C to inquire into
the allegations. Accordingly a report was submitted by the team. It was
stated that in the period 1.4.1994 to 31.3.1995 in 2403 AHD Head, a
huge amount has been withdrawn as contingent expenses by A-1 Dr.
B.N. Sharma, who was posted as DAHO Cum D.D.O. It was found by the
10
11
12
13
because
such
suggestion
and
recommendations
had
changed the course of action and therefore can safely be inferred as overt
act. The availing of hospitality and pecuniary gains by these politicians
and executives finally and decisively implicates them. The defence of
bureaucrats including Secretary, AHD, Finance Secretary and Chief
Secretary cannot be accepted to have done everything in good faith only.
Nor the defence taken by them or the probable defence of, ignorance of
rule, law and constitution can be attributed to them. The State cannot
afford to tolerate the plea of executives shifting blames on political
executives and vice-versa at the cost of six to seven hundred crores of
rupees and conspiracy can be safely presumed in that case also. False
and misleading replies to the Legislature, scuttling any administrative or
police inquiry on the pretext of PAC inquiry, protection and promotion for
accused officials, are sufficient evidence to infer a case of conspiracy
against the political executives, politicians and bureaucrats, in addition
to AHD Officials and suppliers. It has been concluded by saying that the
prosecution has been able to prove the charges beyond a reasonable
shadow of doubt leveled against the accused persons and framed jointly
u/s 120B r/w 409, 420, 467, 468, 471, 477A IPC and Section 13(2) r/w
13(1)(d) of PC Act, 1988 and also separately and individually as
mentioned in their charges framed by this Court.
7. The defence case being complete denial of any such
offence. It has been stated that they have been falsely implicated in this
case. The AHD officials have taken a plea that they have not transgressed
their jurisdiction, the T.O has taken a plea that he has not overlooked
the Financial Rules and it was duty of the D.D.O to examine the
genuineness of the allotment letters. The budget-officer has claimed that
the allotment-letters were issued at the direction of the Director AHD.
The bureaucrats have denied of any criminal omission in their duties
14
FINDINGS
9. Let me explain the legal principles involved in this case at
the very outset for appreciation of my discussion. As stated earlier the
main allegation against the public officials being of criminal omission of
their duties with a greed of taking gratification. The word Act used with
reference to Sec. 3 (2) of the General Clauses Act 1897 defines it as used
with reference to an offence or a civil wrong, shall include a series of acts,
and words which refer to acts done extend also to legal omissions. It
was considered in the case reported in AIR 1969 S.C 227 that an Act
required to be done cannot necessarily mean a positive act only and may
also include acts which one is precluded from doing. It was found in a
full bench decision reported in AIR 1965 All. (F.B)that the Act within the
meaning of the words used in various statutes might include omission or
failure to do an act, but in order that the particular statute might cover
an omission or failure it must have been done under the statue or in the
official capacity or under the official authority. There must be a statutory
15
16
17
an illegal act, or
(2)
an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy :
Provided that no agreement except an agreement to commit an
offence shall amount to a criminal conspiracy unless some act besides the
agreement is done by one or more parties to such agreement in pursuance
thereof.
Explanation - It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object."
13. Though the meeting of minds of two or more persons for
doing/or causing to be done an illegal act or an act by illegal means is a
sine qua non of the criminal conspiracy, yet in the very nature of the offence which is shrouded with secrecy, no direct evidence of the common
intention of the conspirators can normally be produced before the Court.
Having regard to the nature of the offence, such a meeting of minds of
the conspirators has to be inferred from the circumstances proved by the
prosecution, if such an inference is possible.
18
19
20
21
22
23
24
25
circumstance
against
the
accused
persons.
Thus,
if
the
entrustment is proved and the accused was under duty to account for it,
it is for him to explain the loss. It is not the law of this country that the
prosecution has to eliminate all possible defences or circumstances
which may exonerate him. If these facts are within the knowledge of the
accused then he has to prove them, of course the prosecution has to
establish a prima-facie case in the first instance. The Hon'ble Apex while
hearing several Criminal Appeals (2004,SCC, cri,1,244) in this case itself
observed that the main charge in this case relates to Prevention Of
Corruption Act, in respect of separate and distinct acts i.e. the monies
siphoned out of different treasuries at different time, hence the case
cannot be amalgamated. Their Lordships had taken notice of the
provisions contained in Sec 13(1)(c)and 13(1)(d) and observed that the
hub of the act envisaged in first of those offences is dishonestly and
fraudulently misappropriates. Similarly the hinge of the act envisaged in
the second section is obtains for himself or for any other person, any
valuable thing or pecuniary advantage by corrupt or illegal means. The
above acts were completed in the present cases when the money
has gone out of the treasuries and reached the hands of any of the
persons involved. It has been found that the criminal conspiracies in
the cases are allied offence of the offence under P.C. Act. It has been
found that so far the offences under Sec 13(1)(c) and Sec 13(1)(d) are
concerned the places where the offences were committed could easily be
identified as the place where the treasuries concerned was situated from
where money goes: C.B.I Vs Braj Bhushan Prasad 2001 Cr.L.J 4683(SC)
The Hon'ble Court has given guideline for adopting the evidence of one
case to another case in order to save the accused from hearing same
evidence again and again.
26
27
28
29
30
31
32
may
not
be
sacrosanct
but
certainly
it
deserves
33
34
The power to grant pardon enjoined under Ss. 306 and 307
of the Code is a substantive power and it rests on the
judicial discretion of the Court.
b.
c.
d.
objects
and
production
of
the
evidence
f.
35
the
evidence of an approver
must
come
from
in
36
37
38
39
B.B.
Tirkey
was
the
then
officer-in-charge
Chaibasa P.S, who lodged the FIR. He has proved the formal FIR as Ext
1, the endorsement there-upon as Ext -2
38. PW 2 Mithilesh Singh, a banker witness has proved the
seizure memo (of 20 draft applications) in Ext- 3 series, seizure memo
itself as Ext 4, application for draft and treasury advice in Ext 4
Series ,and the signatures of bankers in further exhibit 4 series. Seizure
memo of bank draft application in Ext 5 to 5/417 series, issuance of
draft order in Ext 5/418 to 5/422 series. He has also narrated the
procedure of passing of the government bills and payment through draft
to private suppliers.
39. PW 3 Nitya Shamkar Mukhopadhaya was working as incharge Treasury Officer Chaibasa and in his presence seizure of
documents from treasury were prepared which have been brought on the
record as Ext 4/27 to 4/29.
40. PW 4 Bidur Singh was working as Senior Accounts
Officer, who has proved the seizure list of the documents which were
seized from the A.G. Office.
41. PW 5 B.N.JHA examined on was working as D.A.G in
A.G. Office. He has also proved seizure list of the documents seized from
the A.G Office.
42. PW 6 Shyamal Kr. Mukherjee was working in A.G Office
at Ranchi. He has proved his signature upon the seizure list as Ext 3/3.
43. PW 7 Rajkishore Singh was working in C.B.I (A.C.B
Branch) and he has brought on the record the formal FIR (Ext 6) lodged
relating
to
documents
of
M/s
Tradersof
A-28,
on
record
with
regard
to
M/s
Krishna
Traders.
10
11
has
brought on record the seizure list of the CBI and the documents relating
to M/s Anil Enterprises and M/s A.B Sales (a firm of A-55 Bimla
Sharma).
105. PW 69 Arun Kumar Singh, a banker of Bank of Brodora
has brought on record the seizure list of the CBI and the documents
relating to account of M/s Shakti Pharma Distributor, a proprietorship
firm of Satyendra Singh.
106. PW 70 Surendra Nath Malehdar, a banker of United
Bank of India has brought on record the seizure list of the CBI and the
documents relating to account of M/s Shakti Pharma Distributor, a
proprietorship firm of Satyendra Singh.
107. PW 71 Vijay Krishna Mohanty, a banker of Vijaya Bank
has only proved a seizure list as Ext 3/93 of the documents seized from
the bank.
108. PW 72 Chandra Nath Ghosh, a banker of Vijaya Bank.
He has stated that an amount of 40,000/- U.S dollar was deposited
through pay-in slip in the name of accused Ravi Sinha (A-28) and the
accused Ravi Sinha had given declaration regarding the Foreign
Exchange immunity scheme and also at that time it valued to Rs.
10,31,561/- and further amount received from foreign exchange of
20,000/- U.S Dollar was also deposited in the account of the accused.
109. PW 73 P.Vijay Kumar was an officer in R.B.I, he was on
deputation to Urban Banks Department. He has brought on the record
12
13
14
PW
83
Ashish
Kumar
Ganguly,
is
the
Senior
Accountant of the Hotel Hindustan. He has stated that some letter was
given by M/s Little Oak Pharmaceuticals (A-27) for reservation of room
for staying accused B.N Sharma. He has stated that accused B.N.
Sharma (A-1) stayed in the hotel and the payment was being made by (A27).
120. PW 84, Ravindra Kumar, was Additional Income Tax
Commissioner and he was posted as Assistant Director Investigation (I.G)
at Ranchi. He has stated regarding the process of search warrant said to
be issued by the I.G and the search warrants was brought in Ext 28 to
28/61, Panchanama prepared by the I.T have been marked as Ext 29
and 30 series against accused K.M Prasad, family members of A-53 D.N.
Kashyap, Sanjay Sinha and others.
121. PW 85 Albinus Tirkey, was posted as Income Tax
Officer, Ranchi, an evidence against (A-24). He has stated regarding the
transfer of Income Tax cases with regard to accused Shyam Bihari Sinha
(dead) and his wife, by the letter Ext 18/155 issued by A-24 a request for
transfer was made. It was received in the Commissioners Office and an
endorsement Ext 26/16 was made and accordingly A-24 passed the
order of transfer vide Ext 18/156.
122. PW 86 Prem Verma, was posted as Additional
Commissioner (H.Q) who had filed an affidavit before the Monitoring
Bench of Honble Patna High Court in which the officer had informed the
Honble
Court
regarding
details
of
raids/recovery
and
vigilance
15
16
17
18
19
20
PW
Commissioner-Cum-
103
Vijay
Secretary
Shankar
in
the
Dubey
Finance
was
posted
Department
as
and
21
regional level an officer has got power to sanction up to 10 lacs only and
on getting prima-facie suspicion, the office was sealed by him and a team
of officer was sent to the A.G office which submitted a report alongwith
22
23
24
25
Bhagat & Co (A-32) and A.B Sales (A-55) as Ext 54 and 54/1, trade price
list as Ext 55& 55/1.He has specifically stated that the firm did not
receive any supply-order of veterinary medicines or feed supplement from
Govt. of Bihar and further that the company
is not manufacturing
PW
122,
Ashok
P.Shah,
is
partner
of
Winson
26
27
28
29
30
31
32
PW
163
Tapas
Mukherjee
JMFC
had
recorded
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
of
Rs.
84,20,99,989/-
54,92,38,207/-
was
made
thus
an
actual
expenditure
of
Rs.
an
excess
withdrawal
of
Rs.
was
made,
thus
and
excess
withdrawal
of
Rs
50
51
showing
Budget,
Expenditure
and
Excess/Savings.
Excess
52
53
54
55
56
of such complied
57
58
59
60
61
62
63
64
to
30.9.1994,
1.10.1994
to
31.10.1994,
1.11.1994
to
65
66
67
68
69
70
71
72
PW
288,
was
posted
as
Additional
Finance
Commissioner, in the year this was bifurcated into A.F.C, Resource and
A.F.C, Expenditure. He has explained the process for preparation of
State -Budget. It has been stated that budget estimates are invited from
controlling officers and Controlling Officers Budget Estimate(C.O.B.T) is
prepared at the first instance, it is edited by the Finance-Dept as per the
guideline of the govt, there are procedures for plan, head and non-planhead, deficit is required to be managed and after discussion and it is
placed by the Finance-Dept before the Cabinet. He has given in details of
budgeting processing of the state-govt, regarding policy decision to be
taken by the Govt. He has stated that the process of Planned-Budget is
more easier, and narrated the process. Ext 38/349 related to budget
estimate for the year 1993-94 and 1994-95 was approved by him, he has
stated that in preparation of budget actual expenditure of the last three
years was required to be taken in consideration, though the estimate is
73
74
75
76
77
78
1995-96 and 1996-97. Ext 38/398 relates to budget estimates for 198990 and 1990-91. Ext 38/399 to 38/401 relates to Central Sponsored
Scheme. Ext 38/402 to 30/404 relates to draft appropriation bill which
was duly sent to the Head of the Office (AHD) by A.G Ext 38/405 to Ext
38/407 relates to surrender of fund in the period 1990-91 (8.5 crores)
1991-92 (10 crores), 1992-93 (14 crores), Ext 38/408 relates to
contingency funds in the different schemes of AHD. Ext 38/409 relates
to meeting dated 6.1.1996 regarding excess expenditure and Ext 38/410
to Ext 38/418 regarding direction of Finance Department for cash
regulation. Ext 38/419 relates to appropriation accounts duly approved
by accused Lalu Prasad. Ext 38/420 relates to question raised by
Honble M.L.A Shushil Kumar Modi in the house. Ext 38/421 to 38/425
relates to question raised in the Honble House. Ext 38/427 approved by
the Chief Minister relates to Bihar appropriation bills 1993. Ext 38/428
to Ext 38/430 relates to A.G report to the Finance Department. Ext
38/431 to Ext 38/432 with regard to CAG report for 1984-85 to 198586, Ext 38/433 relates to the assurance by the Chief Minister in the
Honble House. Ext 38/434 relates to revise estimate for 1994-95 to
1995-96. Ext 38/435 relates to file maintained by Directorate of
Treasury with regard to committee of Legislative Assembly regarding
Government Enterprises, Ext 38/436 relates to file of the meeting dated
18.4.1994 of the P.A.C. Ext 38/437 relates to Financial Control and
Discipline for the year 1991-92. This file has been maintained by the
79
80
and
documents
were
received
from
M/S
Indus
Travel
81
followed by all its officials, he has brought on record Ext 38/443 for
bringing on record the entire facts and fact that it was approved by then
the minister accused Chandra Dev Prasad Verma
82
83
84
85
86
PW
336
Vijay
Ram
Krishna
Vakhada
was
87
88
89
90
Da
for the
tickets.
386. The following oral evidence could be adduced on behalf
of the accused persons as defence witness.
387. DW 1 Ravindra Kumar Mehra is A-51 himself who has
been examined u/s 315 Cr.P.C and u/s 21 of the P.C Act. He has come
to say that being proprietor of M/s Arke Enterprises articles were
supplied to the AHD and accordingly payments were made. He has
further stated that he never entered into any criminal conspiracy and the
food articles supplied by him were actually purchased through purchase
vouchers proved as Ext M to M/5 and he paid for the same through his
cheque N to N/5. Similarly another purchase vouchers M/6 and M/7
and the counter foils of the cheques Ext N/6 to N/9 have also been
brought on record. He has also brought M/8 to M/27 by which he claims
to purchase the articles from Calcutta. The sale Tax return Ext O and
91
92
93
saying that the CBI was biased in making arrest of accused Lalu Prasad.
94
95
96
97
98
99
100
members. He has stated that the such Holi was telecast at the television
and published in the papers.
412. DW 26 S.N. Shyam has appeared for accused Lalu
Prasad. He was working as correspondent in local daily AAJ. He has
been authorized to appear before the court through (Ext -L). This DW has
brought copy of news papers dated 21st and 22nd August, 1998, he has
stated that
residence was popular in media and the media people used to come for
making a live coverage.
413. DW 27 Ashok Kumar Choudhary has appeared for
accused Lalu Prasad as an assistant of Secretariat. He was posted as
care taker to the C.M's resident. He has come to say that the boarding
pass of air journeys were collected by himself or joint-secretary P.K
Khare. He has further stated that the cashier posted at C.M residence
101
102
concerned Department and it came back after the C.M assumed the
office. He has stated that at the order of accused Lalu Prasad 41 cases of
fraudulent withdrawal in the AHD were lodged. This DW has further
stated that the T.A and the other expenses of the accused Lalu Prasad
were borne by the finance-dept and in July 1995 he had undertaken
official trip for Thailand, Singapur, and U.K and further that in the
period July 1995 to November 1995 accused Lalu Prasad seldom used to
come in the C.M Secretariat. He has admitted that there is no written
guide line for the movement of the file and further that he was having not
concerned with the purchase of the air-tickets.
418. DW 32 Gunjan Kumar has appeared for accused Lalu
Prasad. He was working in Arya Travels and Sahara Airlines. He has
come to say that boarding pass of the accused Lalu Prasad was collected
by its protocol. It has been stated that in the period 1990-95 the identity
of the passengers was not required and any body showing he boarding
pass could have boarded the flight. He has furhter stated that the Lalu
Prasad was always treated as VIP category. In his cross-examination he
has stated that details of air journeys of accused Lalu Prasad is not
before him.
103
104
105
106
Formal F.I.R
Ext 2-
Ext 3-
Ext 3/1-
Ext 3/2-
Ext 3/3-
Ext 3/4-
Ext 3/5-
Ext 3/6-
Ext 3/7-
Ext 3/8-
Ext 3/9-
Ext 3/10-
Ext 3/11-
Ext 3/12-
Ext 3/13-
Ext 3/14-
Ext 3/15-
Ext 3/16-
107
Ext 3/18-
Ext 3/19-
Ext 3/19A
Ext 3/20-
Ext 3/21-
Ext 3/22-
Seizure memo
Ext 3/23-
Ext 3/24-
Ext 3/25-
Ext 3/26-
Ext 3/27-
Ext 3/28-
Ext 3/29-
Ext 3/30-
Ext 3/31-
Ext 3/32-
Ext 3/33-
Ext 3/34-
Ext 3/39-
Ext 3/40-
Ext 3/41-
Ext 3/42-
Ext 3/43-
Ext 3/44-
108
Ext 3/46-
Ext 3/47-
Ext 3/48-
Ext 3/49-
Ext 3/50-
Signature of Sri
seizure memo.
Ext 3/57-
Ext 3/58-
Sheonand
Chaudhary
on
Ext 3/59-
Ext 3/62-
Ext 3/63-
Ext 3/66-
Ext 3/67-
Ext 3/68-
Ext 3/69-
Ext 3/70-
109
Ext 3/72-
Ext 3/73-
Ext 3/74-
Ext 3/83-
Ext 3/84-
Ext 3/85-
Ext 3/86-
Ext 3/87-
Ext 3/88-
Ext 3/91-
Ext 3/92-
Ext 3/93-
Ext 3/94-
Ext 3/95-
seized
by
Sri
Ext 3/96-
Ext 3/96(A)-
Ext 3/97-
Ext 3/97(A)-
110
Ext 3/99-
Ext 3/100-
Ext 3/101-
by
Sri
Ext 3/102-
by
Sri
Ext 3/103-
Ext 3/104-
Ext 3/105-
Ext 3/106-
Ext 3/107-
Ext 3/108-
Ext 3/133-
Ext 3/134-
Ext 3/135-
111
Ext 3/137-
Ext 3/138-
Ext 3/139-
Ext 3/145-
Ext 3/146-
Ext 3/147-
Ext 3/148-
Ext 3/149-
Ext 3/150-
Ext 3/151-
Ext 3/152-
Ext 3/153-
Ext 3/154-
3/154(i) to 3/154(iv)-
Ext 3/155-
112
Ext 3/169-
Ext 3/170-
Ext 3/171-
Ext 3/172-
Ext 3/179-
Ext 3/180-
Ext 3/181-
Ext 3/182-
Ext 3/182(A)-
Ext 3/185-
Ext 3/186-
Ext 3/187-
Ext 3/188-
Ext 3/196-
113
3/198-
Ext 3/201-
Ext 3/204-
Ext 3/205-
Ext 3/206-
Ext 3/207-
Ext 3/208-
Ext 3/211-
Ext 3/212-
Ext 3/213-
Ext 3/217-
Ext 3/218-
Ext 3/221 -
Ext 3/222 -
Ext 3/223 -
Ext 3/224 -
Ext 3/228-
Ext 3/229-
Ext 3/230-
Ext 3/231-
Ext 3/232-
Ext 3/233-
Ext 3/234-
114
Ext 3/236-
Ext 3/237-
Ext 3/238-
Ext 3/239-
Ext 3/240-
Ext 3/241-
Ext 4 /26-
Ext 4/30-
Ext 5 to 5 /417-
Ext 5/423
Ext 6-
F.I.R.
Ext 7 to 7/124-
Ext 7 /369-
Ext 7 /370-
5 cheques .
115
Three cheques.
Six drafts.
Ext 7/461-
Ext 7/462-
Three
cheques
02.12.94.
Ext 7/470-
Ext 7/471-
Ten credit
Chaudhary.
dt.21.11.94,
vouchers
passed
28.11.94
by
&
Ashok
116
Ext 7/559-
Ext 7/560-
Ext 7/604-
Ext 7/605-
Ext 7/606-
Ext 7/607-
Ext 7/608-
Ext 7/609-
Ext 7/620-
117
of
Ext 7/653-
Ext 7/654-
Ext 7/655-
Ext 7/656-
Ext 7/657-
A/c
opening
Pharmaceuticals.
form
of
M/S
Janta
Ext 7/714-
118
and
Ext 7/721-
119
Ext 7/1059-
Ext 7/1060-
Ext 7/1070-
Current
A/C
opening
Pharmaceuticals.
Ext 7/1071-
from
M/S
T.T.
Ext 7/1072 to7/1073- Two cheques dt. 10.12.94 & 12.12.94 of Bank of
India Rajender Nagar Patna Branch issued by
T.T. Pharmaceuticals.
Ext 7/1074-
Ext 7/1075-
Ext 7/1076-
Ext 7/1077-
Ext 7/1078-
120
Ext 7/1744-
Ext 7/1745-
Ext 7/1764-
Ext 7/1765-
Specimen signature
Krishna Traders.
Ext 7/1766-
card
of
Bank
of
M/s
121
Ext 7/1782 -
Ext 7/1783-
Ext 7/1784-
Ext 7/1785-
Ext 7/1786-
Ext 7/1792-
Ext 7/1793-
Ext 7/1794-
Specimen signature
Enterprises.
card
of
M/S
Vishal
Ext 7/1811-
Ext 7/1812-
Ext 7/1813-
Ext 7/1814-
Ext 7/1815-
122
Ext 7/1817-
Ext 7/1818-
Ext 7/1819-
Ext 7/1820-
Ext 7/1821-
Ext 7/1822-
Ext 7/1823-
Ext 7/1824-
Ext 7/1825-
Ext 7/1826-
Ext 7/1827-
Ext 7/1832-
Ext 7/1833-
Ext 7/1834-
Ext 7/1835-
Ext 7/1836-
Ext 7/1837-
Ext 7/1838-
Ext 7/1839-
Ext 7/1840-
Ext 7/1841-
123
Ext 7/1843-
Ext 7/1847-
Ext 7/1851-
Ext 7/1859 to7/1860- Two pay in slip dt. 07.12.94 deposited by Sri
Shashi Kumar Singh.
Ext 7/1861 to7/1864- 4 pay order issued from the signature of Sri
Ashok Baugh.
Ext 7/1865 to7/1866- Two pay order issued from the signature of B.R.
Bishwas.
Ext 7/1867-
Ext 7/1868-
Ext 7/1869-
Ext 7/1870-
Ext 7/1871-
Ext 7/1872-
Ext 71873-
Ext 7/1874-
Ext 7/1875-
Ext 7/1876-
Ext 7/1877-
Certified copy
Enterprises.
Ext 7/1878-
Ext 7/1879-
Ext 7/1880-
Ext 7/1881-
124
of
ledger
of
A/C
of
S.R.
Specimen
signature
Enterprises.
card
of
Baishnav
Ext 7/1883-
Ext 7/1884-
Ext 7/1885-
Ext 7/1886-
01.12.1994
Ext 7/1895-
Ext 7/1896-
Ext 7/1897-
Ext 7/1902-
Ext 7/1903-
Ext 7/1927-
125
Ext 7/1950-
Ext 7/1951-
Entp.
Paid
Ext 7/1965-
Ext 7/1966-
Ext 7/1967-
Ext 7/1968-
Ext 7/1971-
Ext 7/1972-
Ext 7/1973-
Ext 7/1974-
Ext 7/1975-
Ext 7/1976-
Ext 7/1980-
Enterprises.
126
Ext 7/2006 to7/2009- 4 fixed deposit A/C opening form dt. 02.03.94 of
Gaya Pd. Rs. 2,00,000/- each.
Ext 7/2010 to7/2020- 11 fixed deposit A/C opening form with fixed
deposit receipt dt. 13.10.93 & 02.03.94 of Arjun
Sharma.
Ext 7/2021-
01.03.94
of
Rs.
Ext 7/2029-
Ext 7/2030-
Ext 7/2031-
Ext 7/2032971.
No.
127
Ext 7/2074-
Ext 7/2075-
Ext 7/2076-
Ext 7/2077-
Ext 7/2078-
Ext 7/2091 to 7/2096- 6 term deposit plan receipt dt. 13.10.93 of Rs.
50,000/- each of Gaya Pd Tripathy.
Ext 7/2097 to 7/2100- 4 double deposit plan receipt dt. 13.10.93 of Rs.
50,000/- each of Gaya Pd Tripathy.
Ext 7/2101 to 7/2102- 2 Fixed deposit receipt dt. 13.10.93 of Rs.
50,000/- each of Gaya Pd. Tripathy.
Ext 7/2103-
One cheque dt. 15.01.94 of Rs. 1,00,000/issuedby M/S Little Oak Pharmaceuticals.
Ext 7/2104-
Ext 7/2105-
Ext 7/2106-
Ext 7/2107-
Ext 7/2108-
128
related
to
M/S
Anil
Ext 7/2114-
Ext 7/2115-
Ext 7/2116-
Ext 7/2117-
Ext 7/2118 to 7/2119- 2 Pay in slip dt. 19.09.94 of M/S Shakti Pharma
Distributers.
Ext 7/2120 to 7/2121-
Ext 7/2122-
Ext 7/2123-
Ext 7/2124-
Ext 7/2125-
Ext 7/2126-
of
M/S
Shakti
Pharma
of
by
which
cash
129
Ext 7/2203-
Ext 7/2204-
Ext 7/2205-
Ext 7/2206-
Ext 7/2207-
Ext 7/2208-
Ext 7/2209-
Ext 7/2210-
Ext 7/2211 to 7/2214- Four Gold Bond issued by RBI Bombay in the
name of Ritu Sinha.
Ext 7/2215-
Ext 7/2216-
Ext 7/2217-
Provisional receipt.
Ext 7/2218-
Ext 7/2219 to 7/2220- 2 Gold Bond issued in the name of Ritu Sinha.
Ext 7/2221-
Ext 7/2222-
Ext 7/2223-
130
Ext 7/2230-
Ext 7/2231-
Ext 7/2232-
Ext 7/2233 to 7/2235- Three Gold Bond issue in the name of Sushma
Dayal.
Ext 7/2236-
Ext 7/2237-
Ext 7/2238-
Ext 7/2239-
Provisional receipt
Shankar Dayal.
Ext 7/2240-
dt.
26.04.93
for
Pratik
Ext 7/2241 to 7/2242- Two Gold Bond bearing No RCA 2101 & 2102 in
favour of Pratik Shankar Dayal.
Ext 7/2243-
Ext 7/2244-
Ext 7/2245-
Ext 7/2245(A)-
Ext 7/2246-
Ext 7/2246(A)-
Ext 7/2247-
131
Ext 7/2255-
Ext 7/2256-
Ext 7/2257-
Ext 7/2258 to 7/2262- Five Gold Bonds bearing No. RCA 165 to 169 in
favour of Pranay Shankar Dayal.
Ext 7/2263 -
Ext 7/2264-
Ext 7/2265-
Ext 7/2266-
Ext 7/2267-
Ext 7/2268 to 7/2273- Six Gold Bond bearing No. RCA-357 to 365 in
favour of Sushma Dayal.
Ext 7/2274-
Ext 7/2275-
Ext 7/2276-
Ext 7/2277-
Ext 7/2278 to 7/2283- Six Gold Bonds bearing No. RCA-607 to 612 in
the name of Ranjana Sahay
Ext 7/2284-
Ext 7/2285-
Ext 7/2286-
Ext 7/2287-
132
Ext 7/2291-
Ext 7/2292-
Ext 7/2293-
Ext 7/2296-
Ext 7/2297-
Ext 7/2298-
Ext 7/2299-
for
Gold
Ext 7/2300 to 7/2303- Four Gold Bounds bearing no. RCA 720 to 723
of Prakash Kumar Sahay.
Ext7/2304-
Ext 7/2305-
Ext 7/2306-
Ext 7/2307-
Ext 7/2308-
Ext 7/2309-
Ext 7/2310-
Ext 7/2311-
Ext 7/2312-
Ext 7/2313-
Ext 7/2314-
133
for
Gold
for
Ext 7/2316-
Ext 7/2317-
Ext 7/2318-
Ext 7/2319-
Ext 7/2320-
Ext 7/2321-
Ext 7/2322-
for
Gold
Gold
Ext 7/2323 to 7/2324- Two Gold bonds bearing No. RCA-2099 to 2100
of Minor Pratush Shankar Dayal.
Ext 7/2325-
Ext 7/2326-
Ext 7/2327-
Ext 7/2328-
Ext 7/2329-
Ext 7/2330-
Ext 7/2331-
Ext 7/2332-
Ext 7/2333-
Ext 7/2334-
Ext 7/2335-
Ext 7/2336-
134
Ext 7/2338-
Ext 7/2339-
Ext 7/2340-
Ext 7/2341-
Ext 7/2342-
Ext 7/2343-
Ext 7/2344-
Ext 7/2345-
Ext 7/2346-
Ext 7/2347-
Ext 7/2348-
Ext 7/2349-
Ext 7/2350-
Ext 7/2351-
Ext 7/2352 to 7/2356- Five cheques issued by Ajeet Kr. Verma Prop of
Little Oak Pharmaceutical in favour of The
Guide Travel Agency.
Ext 7/2357-
Ext 7/2368-
135
A/c
opening
Manufacturing.
for
of
M/s
Surgicare
7/2380 to 7/2381-
7/2382 to 7/2383-
7/2384-
7/2385-
7/2386 to 7/2390-
7/2391-
7/2392 to 7/2396-
7/2397 to 7/2398-
7/2399 to 7/2401-
7/2402-
Ext 8 to 8/5-
Ext 8/6-
Ext 9-
Ext 10-
Ext 10/1-
Ext 10/2-
Ext 10/3-
Ext 10/4-
Ext 10/5-
Ext 10/6-
Ext 10/7-
Ext 10/8-
136
Ext 10/12-
Ext 10/13-
Ext 10/14-
Slip of draft.
Ext 11-
Ext 11/1-
Ext 11/2-
Statement of account.
Ext 11/3-
Statement of account.
Ext 11/4-
Statement of account.
Ext 11/5-
Ext 11/6-
Ext 11/7-
Ext 11/8-
Statement of account.
Ext 11/9-
Ext 11/10-
Statement of account.
Ext 11/11-
Statement of account.
Ext 11/12-
Statement of account.
Ext 11/15-
Ext 11/16-
Ext 11/17-
Ext 11/18-
Ext 11/19-
Ext 11/20-
Ext 11/21-
Ext 11/22-
137
Ext 11/24-
Ext 12-
Ext 12/1-
Ext 12/2-
Ext 12/3-
Ext 12/4-
Ext 12/5-
Ext 12/6-
Ext 13-
Ext 13/1-
Ext 14 to 14/2-
Ext 14 /3-
Ext 14 /4 to 14/9-
Ext 14 /13-
Ext 15-
Ext 16 to 16/20-
Ext 17-
Ext 18-
Ext 18/1
Ext 18/2
Ext 18/3
Ext18/4-
Ext18/5-
Ext18/6-
Ext 18/7-
138
Ext 18/9
Ext 18/10
Ext18/11-
Ext18/12-
Letter dt.
Dhanbad.
Ext 18/13-
Ext18/14-
Ext18/15-
Ext18/16-
Ext18/17-
Ext18/18-
Ext18/19-
Ext18/20 to 18/150-
Ext18/151-
Ext18/152-
Ext18/153-
Ext18/154-
Ext18/155-
26.06.96
139
written
to
S.P,
to
CBI,
Inspr.
Ext18/157-
Ext18/158-
Ext18/159-
Ext18/160-
Ext18/161-
Ext18/162-
Ext18/163-
Ext18/164-
Ext18/165-
Ext18/166-
Ext18/167-
Ext18/168-
Ext18/169-
Ext18/170-
Ext18/171-
Ext18/172-
Ext18/173-
Ext18/174-
Ext18/175-
Ext18/176-
Ext18/177-
140
07.12.96
by
which
Ext18/179-
Ext18/180-
Ext18/181-
Ext18/182-
Ext18/183-
Ext18/184-
Ext18/185-
Ext18/186-
Ext18/187-
Ext18/188-
Ext18/189-
Ext18/190-
Ext18/194-
Ext18/195-
Ext18/196-
Ext18/197-
141
Ext18/202-
Ext18/203-
Ext18/204-
Ext18/205-
Ext18/206-
Ext18/207-
Ext18/208-
Ext18/209-
Ext18/210-
Ext18/211-
Ext18/212-
Ext18/213-
Ext18/214-
Ext18/215-
Ext18/216-
Ext18/216(A)-
Ext18/217-
Ext18/218-
142
Ext18/220-
Ext18/221-
Ext18/228-
Ext18/229-
Ext18/230-
Ext18/231-
Ext18/232-
List of medicine
Venketeshan.
Ext18/233-
Ext18/234-
Ext18/235-
Ext18/236-
Ext18/237-
Ext18/238-
Ext18/239-
Ext18/240-
Ext18/241-
products
signed
by
P.
143
Ext18/246-
Ext18/247-
Ext18/248-
Ext18/249-
Ext18/250-
Ext18/251-
Ext18/252-
Ext18/253-
Ext18/254-
Ext18/255-
Ext18/256-
Ext18/257-
Ext18/258-
Ext18/259-
Ext18/260-
Ext18/263-
144
Ext18/265-
Ext18/266-
Ext18/267-
Ext18/268-
Ext18/269-
SP
CBI
Ext18/279-
Ext18/280-
Ext18/281-
Ext18/282-
Ext18/283-
Ext18/284-
Ext18/285-
Ext18/286-
Ext18/287-
145
Ext18/289-
Ext18/290-
Ext18/291-
Ext18/292-
Ext18/293-
Ext18/294-
Ext18/295-
Ext18/296-
Ext18/297-
Ext18/298-
Ext18/299-
Ext18/300-
Ext18/301-
Ext18/302-
Letter
No.
Ran/AHD/
E-5
VOL-1/9697/ADH/411 DT. 27.12.96 from director of
Income Tax.
Ext18/303-
Ext18/304-
Ext18/305-
146
Sales
Tax
Ext 18/310-
Ext 18/311-
Ext 18/312-
Ext 18/313-
Ext 18/314-
Ext18/315to18/319-
Kumar,
diff.
Ext 18/346-
Ext 18/347-
Ext 18/348-
Ext 18/349-
Ext 18/350-
147
Ext 18/352-
Ext 18/356-
Director
Income
Tax
to
Income
Commissioner letter no. 595 dt. 14.03.97.
Ext 18/357-
Ext 18/358-
Tax
Ext 18/359 to18/374- Sixteen different letters from SP, CBI, Dhanbad
send to different Medicine Company.
Ext 18/375 to 390-
Ext 18/415-
Ext 18/416-
Ext 18/417-
Ext 18/418-
Ext 18/419-
Ext 18/420-
Ext 18/421-
Ext 18/422-
Ext 18/423-
148
Ext 18/448-
Ext 18/449 to 18/454- Six letters from A.K. Jha to different Bank
Managers.
Ext 18/455 to 18/458- Four letters handwritten issued by A.K. Jha,
Inspector of Police, CBI, Dhanbad.
Ext 18/459 to 18/463- four letters issued by Rakesh
different Government officials.
Asthana
to
Ext 18/480-
Ext 18/500-
Ext 18/575(A)-
Ext 19 to 19/4-
Ext19/5 to 19/6-
149
One guest
K.Bahri.
registration
Ext19/8-
Ext19/9 to 19/10-
Ext19/11-
Ext19/12-
Ext19/13-
Ext19/14-
Ext19/15-
Ext19/16 to 19/18-
Ext19/19-
Ext19/20-
Ext19/21-
Room booking
Chakravarty.
Ext19/22-
card
and
signed
prepared
by
by
Sri
Kunal
Ext19/27-
Ext19/28 to 19/30-
Ext19/31-
Ext19/32-
Ext19/33 to 19/40-
Ext19/41-
Ext19/42-
Ext19/43 to 19/46-
150
Ext19/49 to 19/53-
Ext19/54-
Guest departure
Ghosh.
Ext19/55-
Ext19/56-
Ext19/57-
Ext19/58-
Guest Registration
26.06.95,
card
No.
38355
of
dt.
Ext19/59-
Guest Registration
15.11.94
card
No.
30950
of
dt.
Ext 20 to 20/2-
Ext 20/3-
Ext 20/8-
Ext 21 to 21/4-
151
card
prepared
by
Piyush
of
dt.
Ext 21/18-
152
153
M/S
Indian
Travel,
Ext 22/18-
Ext 22/19-
Ext 22/34-
Ext 22/35-
Ext 22/36-
Ext 22/37-
Ext 22/59-
Ext 22/86 to 22/87- Registration card of Hotel Taj in the name of Anay
Enterprises.
Ext 23 to 23/51- 52
154
Ext 24 to 24/4-
Ext 24/14-
Ext 24/15-
Ext 25 to 25/6-
Ext 25/7-
Ext 26-
Ext 26/1-
Ext 26/16-
Ext 26/17-
Ext 26/18-
Ext 26/101-
Ext 26/102 to 26/103- Jh /kzqo Hkxr] lHkkifr] yksd ys[kk lfefr ds }kjk fnukad 20-01-96
dks fok vk;qDr dks Hksts x;s i= ij Jh ch0,l0 nwcs dk
Endorsement ,oa gLrk{kjA
Ext 26/104-
155
Ext 26/114-
Ext 26/275 to 26/278- /kkjk 164 ds rgr c;ku ij MkW0 eukst dqekj izlkn dk gLrk{kjA
Ext 26/279 to 26/281- /kkjk 164 ds rgr c;ku ij jkecyh dqekj dk gLrk{kjA
Ext 26/282 to 26/284- /kkjk 164 ds rgr c;ku ij ujsUnz flag dk gLrk{kjA
Ext 26/285 to 26/287- /kkjk 164 ds rgr c;ku ij MkW0 lat; dk gLrk{kjA
Ext 26/288-
Ext 26/289 to 26/291- /kkjk 164 ds rgr c;ku ij d`.k dkar dqekj dk gLrk{kjA
Ext 26/292 to 26/293- /kkjk 164 ds rgr c;ku ij MkW0 lqnhi dqekj flUgk dk gLrk{kjA
156
Ext 26/295 to 26/300- /kkjk 164 ds rgr c;ku ij vkbZ0Mh0,u0 prqosZnh dk gLrk{kjA
Ext 26/301 to 26/303- /kkjk 164 ds rgr c;ku ij vjfoan dqekj fxjh dk gLrk{kjA
Ext 26/304 to 26/306- /kkjk 164 ds rgr c;ku ij ,sfj;y VksIiks dk gLrk{kjA
Ext 26/307 to 26/312- fnukad 16-07-96] 24-07-96 ,oa 19-11-96 ds pkj tIrh lwph ij
xokg ,l0lh0 eksnd ds gLrk{kjA
Ext 26/313 to 26/314- fnukad 24-07-96 ds nks lpZ eseks ij xokg ,l0lh0 eksnd ds
gLrk{kjA
Ext 26/315-
Ext 26/318-
Ext 26/323-
Ext 26/324-
Ext 26/328-
Ext 26/332-
Kumar
singh
on
157
Ext 27 to 27/4-
Ext 27 /5-
Ext 27 /6-
Ext 28 to 28/22-
Ext 29-
Ext 29/1-
Ext 29/2-
Ext 29/3-
Ext 29/4-
Ext 29/5-
Ext 29/6-
Ext 29/7-
related
to
Smt.
Panchnama
Kashyap.
dt.
12.11.93
related
to
D.P.
Panchnama
Kashyap.
dt.
12.11.93
related
to
D.P.
158
Panchnama
Kashyap.
dt.
12.10.93
related
to
D.P.
Ext 29/11-
Panchnama
Kashyap.
dt.
12.11.93
related
to
D.P.
Ext 29/12-
Ext 29/13-
Ext 29/14-
Ext 29/15-
Ext 29/16-
Ext 29/17-
Ext 29/18-
Ext 29/19-
Ext 29/20-
Ext 30 to 30/7-
Ext 30/8-
Ext 31-
Ext 31/1-
Ext 31/2-
Ext 31/3-
Ext 31/4-
Ext 31/5-
Ext 31/6-
Assignment order dt. 21.03.96 of the yr. 199394 against Lilawati Kashyap.
Ext 31/7-
Ext 31/8-
159
Ext 31/11-
Ext 31/12-
Ext 32-
Amendment
process.
Ext 33-
order
dt.
03.02.95
in
carbon
Ext 34-
Ext 34/1-
Ext 34/4-
Ext 35-
Ext 36-
Ext 36/1-
Ext 37-
Ext 38-
Ext 38/1-
Ext 38/2-
Ext 38/3-
Ext 38/4-
Ext 38/5-
160
Ext 38/34-
Ext 38/35-
Ext 38/66-
Ext 38/71-
Ext 38/82-
Ext 38/99-
Ext 38/100-
161
Ext 38/127-
Ext 38/128-
Ext 38/268-
Ext 38/269-
Ext 38/269(A)-
Ext 38/270-
162
Ext 38/272 to38/275- Four files of AHD deptt., Patna bearing No. 13
Estt (1)/1002/94, (2) Estt. 3024/94 (3) Estt.
3069/94 & (4) Estt. 3028/94 respectively.
Ext 38/276-
Ext 38/277-
Ext 38/278-
Ext 38/278(A)-
Ext 38/279-
Ext 38/280 -
Ext 38/281-
Ext 38/282-
Ext 38/283-
Ext 38/284-
Ext 38/285-
Ext 38/286-
Ext 38/287-
Ext 38/288-
Ext 38/289-
Ext 38/290-
Ext 38/291-
Ext 38/292-
163
Ext 38/294-
Ext 38/295-
Ext 38/296-
Ext 38/297-
Ext 38/298-
Ext 38/299-
Ext 38/300-
Ext 38/301-
Ext 38/302-
Ext 38/303-
Ext 38/305-
Ext 38/306-
120 oka l= esa Jh ijesoj }kjk iwNk x;k rkjkafdr izu AH6
ls lacaf/kr lafpdkA
Ext 38/307-
Ext 38/308-
Ext 38/309-
Ext 38/310-
164
Ext 38/312 & 38/313- ek% {ks=h; fodkl vk;qDr jkaph ;ks0 01@13@90 SL3858 ,oa fcgkj ljdkj Ikkqikyu foHkkx kk[kk lfpoky;] jkaph
lafpdk la[;k 07@92&93 Ikkqikyu iz{ks= dh tutkfr;ksa
mi;kstuk {ks= ls lacaf/kr frfFk okZ 1991&92 esa izkIr fkdk;rksa
dh tkapA
Ext 38/314-
Ext 38/315-
Ext 38/316-
Ext 38/346-
Ext 38/347-
Ext 38/348-
Ext 38/349-
Ext 38/350-
Ext 38/351-
Ext 38/352-
File M-4 11/94 ftldk fok; csrkj laokn la0 585 fnukad
08-02-94 }kjk yxkbZ x;h jksd ds ckotwn dkskkxkj ls jkfk
fudklh ds laca/k esaA
Ext 38/356-
Ext 38/357-
Ext 38/358-
Ext 38/359-
File la0 v0ik0 I-01/93 fok foHkkx ctV kk[kk & ways
and means advance.
165
Ext 38/361-
Ext 38/362-
Ext 38/363-
Ext 38/364-
Ext 38/365-
Ext 38/366-
File no. S.R.F 78/94 eq[; khkZ 2403 Ikkqikyu xSj ;kstuk
izR;ki.kZ okZ 94&95 ds laca/k esaA
Ext 38/367-
Ext 38/368-
Ext 38/369-
Ext 38/370-
Ext 38/371-
Ext 38/372-
Ext 38/373-
Ext 38/374-
Ext 38/375-
Ext 38/375A-
Ext 38/376-
Ext 38/377-
Ext 38/378-
166
Ext 38/380-
Ext 38/381-
Ext 38/382-
Ext 38/383-
Ext 38/384-
Ext 38/385-
Ext 38/386-
Ext 38/387-
Ext 38/388-
Ext 38/389-
Ext 38/390-
Ext 38/391-
Ext 38/392-
Ext 38/393-
Ext 38/394-
167
Ext 38/409 -
Ext 38/420 -
Two
files
no.
2M/07/66/93
and
2/M/40/20/95 related to Finance Deptt. Ikkqikyu
foHkkx ls lacaf/kr izu iwNs x;s gSA
Ext 38/426-
Ext 38/427-
Ext 38/428 to 38/430- Three files nos. respectively 5 yks0 l0 02@89] 5 yks0
l0 01@90 ,oa 5 yks0 l0 13@96
Ext 38/431 to 38/432- Files nos. 5PAC-02/07 and 5 yks0 l0 06@92
Ext 38/433-
Ext 38/434-
Ext 38/435-
Ext 38/436-
Ext 38/437-
Ext 38/438-
Ext 38/440-
Ext 38/441-
Ext 38/442-
Ext 38/443-
168
Ext 38/465-
Ext 38/466-
Ext 38/467-
Ext 38/468-
Ext 38/469-
Ext 38/470-
Ext 38/471-
Ext 38/472-
Ext 39 to 39/3-
okZ 1994&95 dks vkoaVu gsrq Hksts x;s i=ksa ls lacaf/kr nks
jftLVjA
Ext 40-
Ext 41-
Ext 41/1-
Ext 41/2-
Ext 41/3-
Ext 41/4-
169
08.06.93
&
17.05.94
Ext 43-
Ext 43/1-
Payment schedule
Ext 43/2-
Ext 43/3-
Ext 43/4-
170
dt. from
Ext 43/11-
Ext 43/12-
Ext 43/13-
Ext 44-
Ext 44/1-
Ext 45 to 45/47-
48 Guard file.
49 Guard file.
29 Guard file.
Ext 46 to 46/8-
Ext 47 to 47/4-
Ext 47/10-
Ext 47/11-
Ext 47/12-
Ext 47/19-
Ext 47/22-
Ext 47/23
Ext 47/24-
171
Ext 47/26-
Ext 47/27-
Ext 47/28-
Ext 47/29-
Ext 47/32-
Ext 47/33-
Ext 47/36-
Ext 47/37-
Ext 47/38-
Ext 47/39-
Ext 47/40(A)-
Ext 47/41(A)-
Ext 48-
Ext 49-
Ext 49/1-
Ext 49/2-
Measurement report.
Ext 49/3-
Ext 50-
Map of Chaibasa
Ext 50/1-
Ext 51-
Ext 51/1-
Veterinary
of
Dipesh
172
Ext 51/23-
Ext 52-
Ext 53-
Ext 53/1-
Ext 53/2-
Ext 53/3-
Ext 55 to 55/2-
Ext 56-
Ext 56/2-
Ext 57 to 57/4-
Ext 58-
Ext 58/1-
Ext 58/2-
Ext 58/6-
Specimen
22.07.96.
Ext 58/7-
Ext 58/8-
Ext 58/9-
Specimen
27.08.96.
signature of
signature
173
of
Rajesh
Verma
dt.
dt.
Ext 58/11-
Ext 58/12-
Ext 58/13-
Ext 58/14-
Specimen
01.08.96.
signature
Ext 58/15-
Specimen
12.08.96.
signature
Ext 58/16-
Ext 58/21-
Ext 58/22-
Ext 58/23-
Ext 58/24-
Ext 58/31-
Ext 58/32-
Specimen signature of
Kumar Kundan 6 sheets.
Ext 58/33-
Ext 58/34-
Ext 58/35-
Ext 58/36-
Ext 58/37-
Ext 58/38-
174
of
of
Ajit
Kr.
Kirti
Verma
dt.
Narayan
dt.
accused
Mahendra
Ext 58/40-
Ext 58/41-
Ext 58/42-
Ext 58/43-
Ext 58/44-
Ext 58/45-
Ext 59-
Ext 59/1-
Ext 59/2-
Ext 60-
Ext 60/1-
Ext 60/2-
Ext 61-
Informed
27.05.92.
Ext 62-
Ext 63-
Ext 63/1-
Ext 63/6-
Ext 64-
Ext 64/1-
application
175
of
B.B.
Diwedi
dt.
Original subscriber
501435.
card
of
Telephone
No.
Ext 66-
Ext 67 to 67/9-
Ext 68-
Ext 69-
Ext 69/1-
Ext 70-
Ext 70/1-
Ext 71 to 71/118-
Ext 71/276-
Ext 71/281 to 71/283- Three Office copy of Air ticket of Sahara Airline
issued through Rajshree Tour Agency, Patna.
Ext 71/284 to 71/294- 11 Air ticket of Sahara Airline issued through
Rajshree Tour Agency, Patna.
Ext 71/295 to 71/297- Three Air ticket of Sahara Airline issued through
Rajshree Tour Agency, Patna.
Ext 71/298-
Ext 72 to 72/1-
Ext 73 to 73/2-
Ext 74-
Ext 75 to 75/12-
Ext 76-
Ext 76/1-
Ext 76/2-
176
Ext 76/4-
Ext 76/5-
Ext 76/6-
Ext 76/7-
Ext 77-
Ext 77/1-
Ext 78-
Ext 79-
Ext 80 to 80/9-
Ext 81 to 81/11-
Ext 82-
Ext 82/1-
177
Ext 82/5-
Ext 82/6-
Ext 83-
Ext 83/1-
Ext 83/2-
Ext 83/3-
Ext 83/4-
Ext 83/5-
Ext 84-
Ext 85-
Ext 86-
Ext 86/1-
Ext 86/2-
Ext 86/3-
Ext 86/4-
Ext 86/5-
178
Ext 86/7-
Ext 86/8-
Ext 86/9-
Ext 87-
Ext 87/1-
Ext 87/2-
Ext 87/3-
Ext 87/4-
Ext 87/5-
Ext 87/6-
Ext 87/7-
Ext 87/8-
Ext 88-
Ext 88/1-
Ext 88/2-
Ext 88/3-
Ext 88/4-
Ext 88/5-
Ext 89-
179
Ext 90/1-
Memorandum.
Ext 91-
Ext 91/1-
Ext 91/2-
Ext 91/3-
Ext 91/4 & 91/5-Two Certified copy of admission form of Chanda, D/o
Lalu Prasad of Bishop Westcott Girls School,
Ranchi.
Ext 92 to 92/1
Ext 93-
Ext 94-
Ext 95 to 95/2-
Ext 95/3-
Ext 95/4-
Ext 96-
Ext 96(A)-
Ext 96/1-
Ext 98 to 98/12-
180
Ext99/17 to 99/33-
Ext 99/173-
Ext 99/174-
Ext 100-
Ext 100/1-
Ext 100/4-
Ext 101-
Ext 101/1-
Ext 101/2-
Ext 101/3-
Ext 101/4-
Ext 102-
Ext 103-
Ext 103/1-
Ext 103/2-
Special
handling
form
for
VIP/CSP/BHCR/JNM/ PETS of Sahara India
Airlines.
181
of
AHD
Secretary
Ext 103/4-
Ext 104-
Ext 107-
Ext 108-
Ext 108/1-
Ext 108/2-
Ext 108/3-
Ext 108/4-
Ext 108/5-
Ext 108/6-
Ext 108/7-
Ext 108/8-
Ext 108/9-
Ext 110-
Memorandum.
Ext 111-
Scrutiny Report.
Ext 112-
Ext 113-
Ext 114-
182
Ext B-
Ext C-
Ext D-
Ext D/1-
Ext D/2-
Ext D/3-
Ext D/4-
Ext D/16-
Ext D/17-
Ext D/18-
Ext D/19-
Ext D/20-
Ext D/21-
Ext D/22-
Ext D/23-
Ext D/24-
Ext D/25-
Ext D/26-
183
Ext D/27-
Ext D/28-
Ext D/29-
The remarks on pages 3 (T) of the year 9394 dt. 24.11.95 of the file of finance Deptt.
Ext D/30-
Ext D/31-
FileDOPTF
245/65/97-A.V
II
of
Department of Personnel & Training, New Lalu Prasad
Delhi (Entire file Xerox copy to original
Yadav
one).
Ext D/32-
Ext E-
Ext E/1-
Ext E/2-
Ext E/3-
Ext E/4-
Ext F-
Ext F/1-
Ext F/2
F/3-
Ext G-
Ext H-
Ext H/1-
Ext I to I/2-
3 Stock register
Ext I/3
I/4-
to
2 Treatment register
Ext I/5
I/6-
to
Ext I/7
I/8-
to
2 Stock register
2 Treatment register
Ext I/9-
Ext J-
Ext K-
184
Lalu Prasad
Yadav
Ext L-
Mahesh
Prasad
Ext L/1-
Mahesh
Prasad
Ext L/2-
Ext
M
M/5-
to
R.K. Mishra
to
Ext N/6
N/9-
to
R.K. Mishra
to
Ext P to P/1Ext
Q
Q/1-
R.K. Mishra
Harish
Kumar
Ext Q/2 to
Signature on dissolution deed dt. 31.3.92
Q/3-
Harish
Kumar
Ext Q/4 to
Signature on partnerships deed dt. 1.4.92
Q/5-
Harish
Kumar
Ext R-
Ext R/1-
Ext R/2-
Dhrub
Bhagat
Ext R/3-
Dr. J.
Mishra
Ext R/4-
Dr. J.
Mishra
185
Harish
Kumar
Ext R/5-
Dr. J.
Mishra
Ext R/6-
Dr. J.
Mishra
Ext R/7-
Dr. J.
Mishra
Ext R/8-
Dr. J.
Mishra
Ext R/9-
Dr. J.
Mishra
Ext R/10-
Jagarnath
Mishra
Ext R/11-
Jagarnath
Mishra
Ext R/12-
Jagarnath
Mishra
Ext R/13-
Jagarnath
Mishra
Ext R/14-
Jagarnath
Mishra
Ext R/15-
Jagarnath
Mishra
Ext R/16-
Ext R/17-
Jagdish
Sharma
Ext R/18-
Jagdish
Sharma
Ext R/19-
Jagdish
Sharma
Ext R/20-
Jagdish
Sharma
Ext R/21-
Ext R/22-
Ext R/23-
Ext R/24-
186
Beck Julius
Dr. J.
Mishra
Ext R/25-
Ext R/26-
Ext R/27
Ext R/28
Ext R/29
gtkjhckx lnj Fkkuk dk.M la0 618@11 ds QnZ C;ku ,oa Lalu Prasad
tIrh lwph dh lPph izfrfyfiA 2i`Bks esaA
Yadav
Ext R/30
Jagdish
Sharma
Ext R/31
Jagdish
Sharma
Ext R/32
Ext R/33
Dr. Jagdish
Sharma
Ext R/34
Dr. Jagdish
Sharma
Ext R/35
Dr. Jagdish
Sharma
Ext R/36
Dr. Jagdish
Sharma
Ext R/37
Dr. Jagdish
Sharma
Ext R/38
Dr. Jagdish
Sharma
Ext R/39
Dr. Jagdish
Sharma
Ext R/40
Ext R/41
Ext R/42
187
Dr. J.
Mishra
notification
dated
14.03.1990
and
05.12.1990 regarding extension of Ministry
by the then CM Lalu Prasad Yadav.
Yadav
Ext R/43
R.K. Rana
Ext R/44
Certified
copies
of
judgment
31.07.2009 passed in RC22(A)/96.
R.K. Rana
Ext
S
S/19-
dated
dt.
Dr.
Jagarnath
Mishra
Ext T-
Daily
Newspaper
05.06.1993 (Page 3).
Ext U-
Lalu Prasad
Yadav
188
which a
iii.
evidence
of
PW
145,have
been
brought
by
the
the
office
as
Ext
18/305
similarly
PW
310
Rs 30 lacs was
under threat
receipts
and
Ranchi.
He
has
specifically
stated
that
vii.
It has
of the
PAC E.
feed/fodder
free
cost,
amongst
beneficiaries
of
different
11
Supply shown to
have been made
(in qtls.)
% of excess
shown to have
made
1539
415040
26868.16
746
78781
10460.45
Wheat Bran
700
10520
3216.42
fish Meal
138
1420
928.98
Materials
Yellow Maize
12
13
supply
of
Veterinary
medicines/instruments
to
DAHO
Chaibasa and the prosecution has brought witnesses for saying that the
medicines/instruments claimed to have been supplied were either not
manufactured at all, or manufactured in less quantity, or marked as
Veterinary Samples, or not made available to the supplier firms for
enabling such firms to supply to DAHO Chaibasa. It has been stated that
A-3 gave false acknowledgement receipts on the bills submitted by the
accused persons in the names of their firms facilitating the fraudulent
withdrawal of the money. The learned Special P.P has submitted that the
medicines/feed supplements shown to be supplied to the DAHO
Chaibasa was actually never supplied and not distributed to the T.V.Os
for treatment of sick animal and birds, besides the quantities shown to
be supplied was far excess of the actual requirements. It has been stated
that the A.I Lubricants (51,600 bottles), Neck Plugs (3936) pieces and
Stainless Steel Canister (12,240 pieces) could not have been used even
by the entire state and the supply shown to be was in far excess of the
actual requirement. Similarly A.I Sheath 36,00,000 pieces, Plastic
Gloves 8,00,000, Plastic Goblets 1,76,00,000 and A.I Lubricant 15,480
bottles could not have been used by the Chaibasa DAHO alone. It has
appeared in evidence that on an average 12,000 cows are artificially
inseminated in the entire District of West Singbhum which required an
average of 12,000 A.I Sheath and Plastic Gloves, 12,000 bottles of A.I
Lubricants of 500 m.l annually. It has been stated that A.I Lubricant is a
consumable items while Plastic Goblets, Neck Plugs, Canister meant for
permanent use as equipment. It has been pointed out that Liquid
Nitrogen essential for Artificial Insemination by Frozen Semen Method
was not procured by DAHO Chaibasa and it shows the dishonest
intention. It has been argued that it will be apparent from the receipts
issued by the AHD officials that though the most of the consignments
15
The
learned
Special
P.P
has
narrated
the
16
by
which
Central
Purchase
Committee
has
been
18
that
M/s
Little
Oak
Pharmaceuticals
does
not
have
any
was
even
manufactured
for
M/s
Little
Oak
20
21
been
been given to the firm while it has raised bills for 7740
jars,this medicine in 5 ltrs jar was also supplied to this firm but against
supply of 148 jars bills for 1110 jars were raised. This firm had not sent
requisition to manufacturer Hindustan Ciba Giegy for medicines but it
has raised bills for the purported supply of such medicines, similar
information has been given by another manufacturing firm namely
Mastrine Pharmaceuticals Pvt. Ltd. Gold bond receipt Ext 7/2339 was
issued in his name for 5037 grams of gold. A written argument has been
filed on behalf of the accused stating therein that he has been falsely
22
Enterprises
Rs.
1,70,38,790/-
was
received.
He
was
25
26
27
28
1994-96
regarding
manufacturing
of
articles
of
artificial
15.7.1994
these
circumstances
makes
the
entire
process
suspicious.
448. It is mention-worthy here that M/s Semex Cryogenics a
firm of A-39 and M/s Asian Breeders have been shown to supplied A.I
instruments in the relevant period in the following manner. M/s Asian
Breeders has raised bills for 36,00,000/- A.1 sheath, 8,00,000 plastic
gloves 1,76,00,000 plastic glove lets and 15,480 A.I lubricants (33540
Liters), neck plug 3936 and steel container 12,240. The firm M/s Semex
Cryogenics raised bills for 51,600 bottles of A.I lubricants. PW 203
Manoranjan Prasad Singh, Professor of Ranchi Veterinary college has
been brought as an expert for artificial insemination. It has been stated
that artificial insemination are to be done by two methods, namely frozen
semen method and liquid semen method, for frozen semen method,
31
32
33
posted as DAHO Ranchi and he was assisting the AHD scam in various
ways, this accused has been convicted in other AHD Scam cases. It has
been pointed out that the articles which have been shown to be
transferred from the DAHO Chaibasa to Ranchi has been shown to be
received by this accused also (this evidence could not be verified by me)
It has been further submitted that the AHD officials were in the habit of
opening bogus firms in the name of their relatives to take the plunder of
money in different ways.
34
It has
been submitted that it will be apparent from the given figure that for the
supply order of the year 1992 the accused supplied the articles in the
year1994 without any fresh order and the manner in which the amount
of bill have been prepared gives a definite suggestion of dishonest
intention. It has been stated that the manner in which the GNC have
been shown to be supplied gives a strong circumstance to presume a
dishonest intention of the accused and participation of the accused in
the general and specific conspiracy. I have considered the written
argument of the filed on behalf of the accused. It has been stated that he
35
M/s J.P
36
38
accused
was
registered
in
the
Sales
Tax
Department
for
shown
to
be
supplied,
by
the
manufacturer
Concept
Pharmaceuticals Mumbai, as per the record only 200 packs have been
dispatched to Patna as Veterinary samples.
40
were
supplied while it has raised bills for 1620 packs of Duaprim Powder 100
grams. The supply order for a value of Rs. 499900/- dated 3.10.1994
and 16.9.1994 have been shown to be given to the firm, this evidence
against the accused is to be read with general circumstances discussed
earlier.
461. After discussion above made, I find that the prosecution
has proved its case against the above accused persons with the chain of
circumstantial evidence.
41
has brought search memo of accused A-1 and the seizure dated
18.09.196 as Ext. 3/153. PW 83 has come to say that some letters were
given by A-27 for reservation of room in Hotel Hindustan for a stay of A1, A-1 stayed there and payment was made by A-27.PW 166 has come to
say that A-38 used to engage his Taxi for his guest A-1 and others and
an amount of Rs. 70,000/- was paid by A-38 for Taxi used by A-1 and
others. PW 174 has brought on record Ext 38/271, this file relates to
transfer and other matters with regard to this accused. It has been
stated that at the recommendation of M.L.A Rajo Singh(an accused in
supplementary case since dead) A-20, the then Chief-Minister cum
Finance Minister issued a buff sheet for staying the transfer of the
accused, at that time the said Rajo Singh was the Chief Whip of the
10
of
Hotel
Hindustan
of
Calcutta
has
brought
guest
registration card bearing signature of A-1 alongwith the bill (Ext 22/19)
for which the bill was paid by M/s Little Oak Pharmaceuticals, a firm of
A-27. The room was booked by the accused A-27. A written argument
has been filed on behalf of this accused. It has been submitted that it is
admitted case of the prosecution that there were 78 allotments letter
issued by A-10 with genuine signatures of A-10 i.e. B.B. Prasad. It has
been stated that as per the prosecution case this accused has withdrawn
Rs. 39 crores and odd on the basis of said allotments letters. It has been
submitted that there was no machinery and occasion before the A-1 to
inquire into the genuineness of the said 78 allotments letters. It has been
further submitted that prosecution witnesses have admitted that prior to
March 1996 there was no provision to send allotment letters to the
treasury and the budgetary allotment is to be sent to the A.G Office only.
It has been submitted that this accused was not concerned with the
general of specific criminal-conspiracy and he has been roped by the CBI
merely on the basis of conjectures and surmises. My attention has been
drawn towards cross-examination para 506 of PW 348 the main I.O of
the case who has admitted that the DAHO was not having any role in the
11
find
that
preponderance
of
evidence
and
not
with
12
patronage, the AHD officials of the district were scared of his towering
personality emerged due to political patronage. The defence raised by the
accused is only a pretext.
465. A-2 Mukesh Kumar Srivastava was working as
Assistant Director Poultry, Chaibasa and over all in-charge of the farm.
He has denied of any participation in any criminal conspiracy. This
accused has admitted that the receipts for 1,11,144 quintals of Yellow
Maize and 65756 quintals of GNC were issued by him in the relevant
period. He has asserted that these articles were actually received by him.
He was also conformed with the evidence of free of cost distribution of
feed/fodder without any such scheme of the government to which he has
stated that it was made at the direction of the A-11. He has admitted of
seizure of Rs. One lac in cash and a sale deed of land. He has stated that
Rs. 90,000/- was deposited by him in the CBI Office and the land was
purchased by him by his own income. He has denied of any participation
in general or specific criminal-conspiracy. The falsity of keeping the
articles will be apparent from the evidence of PW 110 who has submitted
the measurement report Ext 49 and 50, it has been stated that the
godowns where the articles have been said to be kept was having a
storing capacity of 960 Cft and 1320 Cft only and such a huge quantity
could not have been kept.
different receipts of A-2, A-3, A-4 and A-5 which remains the admitted
document of these accused persons. He has stated that fund allotments
usually come through the post but in the period 1994-95 the fund was
being directly brought by A-1 himself which gives to prosecution another
circumstance
of
circumstantial
evidence.
He
has
forged
14
He has admitted of
16
17
that this accused was in the habit of taking gratification from the
accused supplier and there are enough direct evidence on the point and
he has got no mouth to claim fairness. The evidence of his fraudulent
activities, making forgery with the purpose of cheating and embezzlement
of government fund has been with preponderance of evidence.
467. A-4 Arjun Sharma was working as Assistant Poultry
Officer in the period 1994-95 and he was assisting the DAHO Chaibasa
regarding Poultry Development Project of the District. He was required to
receive the consignment of feed and sometimes the medicines and
instruments as well. He has admitted of issuing receipts for the value of
the articles worth Rs. 12,54,59,068/- and claimed that these receipts
have been genuinely issued. He has given receipts for receiving 2,47,136
quintals of Yellow Maize, 42,165 quintals of GNC, 23,215 quintals of
wheat bran, 1420 quintals of fish meal and 10,520 quintals of Bhusha.
He has not made any claim upon the F.Ds of Rs. 22 lacs seized by the
CBI from the account in his name, but he has claimed regarding the flat
and the land. PW 35 Gautam Lala a banker has brought documents Ext
11/12 and others for showing that the account in the names of A-3 and
A-4 have been opened in which the address of A-27 has been given and
18
19
20
treasury.
He
has
admitted
of
passing
CNC
bills
for
Rs.
37,70,39,743/- but he claims that these bills have been passed as per
the Treasury code. He has denied of any criminal conspiracy in league
with AHD officials, suppliers and others. He has stated that it was the
duty of the D.D.O to check the bills. This A-6 has denied of using car
provided by AHD Official G.P Tripathi(A-3). He has not claimed for an
amount of Rs. 30,60,000/- seized by the CBI. PW 88 is the owner of the
Ambassador Car No BR- 8885, the car was being used by this accused
for his daily to and fro journey from Chaibasa to Tata and Ranchi and
the payment was being made by A-3. The conduct of the Treasury
actually led to the lodging of the FIR. PW 105 has stated that in the
21
him,
he
found
that
in
Head
2403
an
amount
of
Rs.
22
Ext 3/18
made for a sum of Rs. 18 lacs. PW 25 is the Priest in the Church in the
Jamshedpur, he has come to say that in April, 1996 wife of accused A-1,
Silas Tirkey had given three suit cases for keeping in the Church. She
did not come back to take the suit case, subsequently the CBI seized the
three suit cases and an amount of Rs. 18 lacs was recovered. PW 26 was
very close to the accused, he has stated that the accused had kept three
suit cases and a small attachee in his house which was subsequently
seized by the CBI and an amount of Rs. 11,80,000/- was recovered. A
written argument has been filed by the accused, the Ld Defence Counsel
has placed the defence mainly on two grounds, it has been stated that
prior to this fodder scam the copy of allotment letter was not being sent
simultaneously to the treasury and the TO has followed the Treasury
Code and it was the responsibility of the DDO to examine the bills, my
attention has been drawn towards evidence of PW-211 para 31, PW-195
para 125, PW-264 para 10 and PW-304 para 4 for saying that the
allotment letters was not being sent to the treasury. He had relied upon
the evidence of PW-211 for saying that the split of the bill was a matter
related to the DDO and not to the Treasury Officer. It has been
submitted that there is no evidence or circumstance on the record to
prove or even suggest that the accused was aware of allotment fund of
the DAHO Chaibasa and there is no evidence on the record that the
allotment letters were sent to the T.O, rather PW 211, PW 195, PW 264,
PW 304 are consistent evidence on the point that prior to 1996, no copy
23
24
He has
26
27
year
without
any
formal
extension
order
even
after
30
10,000 and
20,000. He has brought Ext 38/2, 38/3, 38/4, 38/5 by which different
allotments have been said to be made. The 78 allotment letters for the
period 1994-95 have been brought on record as Ext 26/23 to 26/100
which have not been said to be issued from the file of allotment i.e. Ext
38 series. It has been stated that all such purported allotment letter have
been prepared by accused B.B. Prasad A-10. It has been pointed out
that the said allotment letter in Ext 26 series were not duly issued from
the issue register of the Department while the original allotment letters
have been issued though Ext 39 to 39/3. It has been alleged that all the
78 allotment letters were forged allotment letter issued without any
actual allotment authorizing fraudulent withdrawal in place of excess
withdrawal. It is mention worthy here that A-10 has admitted of his
signature upon the said fake allotment letters, however he claims that it
were genuinely issued at the direction of the Director AHD, needless to
say that no such direction was probable and it has not been brought on
the record by the defence. It was incumbent upon the defence to bring
upon the record that the allotment letters were issued by him at the
direction of the Director. This PW has further brought file of surrender of
the amount for the period of 1988-89 to 1994-95 which have been
marked as 38/6 to 38/27. These documents have been brought for
saying that though a huge amount was being withdrawn against a
meager
allotment
to
show
fairness
some
amount
was
being
32
(ii)
35
the
budget
proposed
by
the
Government
gets
again
communicates
the
grant
to
each
At
AHD
Directorate,
Finance
Department,
Legislative
Controlling
Officer
receives
feedback
regarding
close
of
the
financial
year.
The
amount
to
be
to
the
Controlling
Officer
from
the
37
38
of
Budget
preparation
actual
expenditure
of
the estimate are not unrealistic and have relation to actual expenditure.
Since this case pertains to fraudulent payment from the Government
Treasury to the accused supplier for fictitious supply/non-supply/short
supply of materials to the AHD, it will be essential to explain the process
of purchase of materials by the AHD. Following three types of materials
are generally required by the field formations of AH Directorate,
Government of Bihar: (1) Feed/Fodder, (2) Veterinary Medicines and Feed
Supplements (3) Artificial Insemination Instruments, Lubricants &
Miscellaneous items. The Central Purchase Committee, Patna, headed by
Director, AHD, Bihar invites tenders from prospective suppliers for
supply of Medicines, and A.I. Instruments, etc. The suppliers are then
selected for identified items separately and are retained till new tender in
this regard. It is a pre-condition that suppliers must be registered with
39
supplies
may
be
made.
They
also
connived
with
top
the
evidence
broadly
under
two
heads,
namely:-
(A)
40
Service Code and other allied laws. It has been pointed out that the I.O of
the case has admitted in his cross-examination that he has not gone
through the Bihar Service Code. I have examined the argument placed by
the learned defence counsel. The learned defence counsels have quoted
rule 21 r/w appendix III of the Bihar Service Code. As per rule 21 Heads
of Department means the government servant mentioned in appendix III
of the code, and any other whom government may from time to time
declare to be Head of the Department. As per appendix III Director of the
Animal
Husbandry
Department
has
been
declared
Head
of
the
(2)
manner as
Business derives force directly from the Article 166 of the Constitution of
India and all the business of the Government has to be controlled by this
rule. Per-contra the Bihar Service Code has been framed for dealing with
the service conditions of the Bihar Government Servants. Rule 8 of the
Executive Business Rules reads as - Each Department or group of
Departments
of
the
Secretariat
shall
consist
of
Principal
Tripurari Mohan Prasad and A-33 Md. Sayeed for payment of money. In
para 27 he has stated that in the period of 1992-94 a hefty money was
paid by him to Mahesh Pradesh (A-15). He has further stated that he
himself paid Rs. 5 lacs to Mahesh Pradesh. It has been stated that S.B
Sinha had handed over him Rs. 7 lacs for payment to A-15, out of which
Rs 2 lacs was kept by him. He has stated that Mahesh Prsad has
purchased Benami property, house and shops at Patna. In para 28 he
has stated regarding payment to Phul-Chand Singh (A-14). It has been
stated that under Cash Flow Regulation, the withdrawal was restricted
by the Finance Department but after managing the accused Phulchand
Singh the scam moved smoothly. In cross-examination para 44 he has
stated that at the direction of Dr. S.B. Sinha A-29 was managing air
tickets etc for politicians, officers and S.B. Sinha used to visit the house
of Tripurai Mohan Prasad A-29. In cross-examination para 62 he has
admitted that any evidence of payment of money to Jagdish Sharma is
not presently available with him. In cross-examination para 70 he has
stated that he has not talked personally to Lalu Prasad. The attention of
the witness has been drawn in cross-examination para 96 that in the
tenure of Lalu Prasad several other persons were also given extension of
services. PW 196 is another approver witness of the case. He has been
said to be biggest supplier of the fodder scam and the grievance of the
other suppliers being that though the small fish has been roped with the
10
crores was made available by supplier Vijay Mallik for payment to top
politicians. This PW has also stated regarding the proximate relationship
of R.K. Rana and others. He has stated regarding the payment of cash to
Jagdish Sharma (A-13) when Dr. Jagdish Sharma became active in the
name of inquiry by the PAC. The defence has cross-examined this PW
11
12
13
To sum up the
14
15
17
with
following
documentary
and
oral
evidence
prior
budgetary
provision
unless
sanction
to
making
in
the
matter
of
expenditure
control
and
18
question
complaints
from
as
to
M.P
whether
regarding
government
received
misappropriation
of
vi.
vii.
viii.
ix.
x.
22
24
27
warning
of
the
CAG
alongwith
allegation
of
fraudulent
withdrawal was sent to the A-12 but no heed was given by the officer.
The file of AHD 2BT(2)2019/1995 containing buff sheet dated 3.11.1995
addressed to the AHD Secretary given by PW 102 has been brought on
record as Ext 18/186. This buff- sheet shows that the officer has pointed
out regarding disparity in budgetary provision and expenditure, and
29
30
31
that this
conspiracy
with
other
co-conspirators,
bureaucrats
and
35
36
it
was
being
disposed
at
the
level
of
Additional
Finance
38
(b)
estimate
for
the
Financial
year
1991-92
58,13,51,000/-. Budget revised for the Financial year 199091, Rs. 58,13,51,000/-. Budget estimate for the Financial
year 1992-93 (AHD), Rs. 53,72,77,000/-. Plan (AHD) Rs.
11,21,25,000/-. Total Budget for AHD for the Financial year
1992-93 Rs. 64,94,02,000/-. Actual expenditure for the
Financial year 1889-90 (AHD) Rs. 44,00,78,761/-.
39
budget
for
plan,
non-plan
and
centrally
File of the appropriation account for the financial year 198889 showing AG report dated 17.11.1993 regarding excess
expenditure by the AHD for the Financial year 1988-89. It
was reported that against total grant of Rs. 36.76 crores total
expenditure was made as Rs. 42.63 crores i.e. an excess
expenditure of Rs. 6.13 crores.
(e)
(f)
40
Forwarding of
the
Draft
Appropriation Account
dated
unauthorized
withdrawal
from
treasury
and
41
before the Honble House. It has been brought for saying that
being Head of the Finance Department, he was having ample
opportunity to plug the loopholes in time which could have
checked the colossal excess withdrawal in the subsequent
years.
(j)
on
14.07.1993
admitting
withdrawals
of
Rs.
Instruction
of
Commissioner
the
Chief
dated
Secretary
18.02.1994
to
the
Finance
regarding
excess
that
the
accused
was
having
knowledge
of
the total
43
fund,
PHED
(maintenance
head),
medical
the
request
for
exemption
for
unavoidable
44
Warnings
and
caution
issued
by
RBI
to
Finance
is
containing
warning
and
caution
to
Finance
47
accounts
and
all
the
withdrawals
are
fraudulent
withdrawals. The relevant provision has also been quoted. After the note
of the A.F.C it was perused by the Development Commissioner as well
and he has also given strong notes for action. It has been stated that it
will be apparent from the noting part of this officer as contained in Ext
18/197 that he gave a very lukewarm approach to the suggestions made
48
49
50
Bills were drawn by the DDOs from the treasuries only in the
few days of each year. For example Rs. 10.67 crores was
drawn in 17 days from Ranchi Treasury in 1993-94 (total
drawal was Rs. 14.67 crores), Rs. 55.97 crores were drawn in
22 days from Doranda Treasury in 1993-94 (total drawl Rs.
69.60 crores) and Rs. 29.52 crores were drawn from Chaibasa
Treasury in 10 days in 1994-95 (total drawal Rs. 37.82
crores). On 31st December, 1993, 206 bills were drawn from
Rs. 8.24 crores from Doranda Treasury which constituted 11
per cent of the total budget provision of the Department for
1993-94.
51
May
1993,
were
totally
disregarded
by
Animal
On
28.12.93
Finance
Department
issued
Even after specific ban on payment under the subhead, 105Piggery Development (3) Pig Breeding farms by the Finance
Department between 16.10.93 and 02.02.94, bills for Rs. 5.00
52
53
54
awaited.
As
the
matter
was
not
investigated,
the
55
A-15
Mahesh
Prasad
was
the
Secretary,
AHD,
to
the
officer
concerned,
the
complete
accounts,
Bihar Financial Rule 478 and 471 has been brought for saying
that the process of expenditure control was required to be
taken personal attention of the HOD (Secretary) and the
controlling officer must on no account be left to be conducted
entirely by the subordinates. Rule 471 provides that the
authority administering a grant is ultimately responsible for
watching the expenditure on public services under its control
for keeping the expenditure within the grant. The Bihar
Financial Rules enjoins upon the HOD responsibility of
ensuring the accuracy of the Budget Proposals.
(2)
The Budget Files of AHD. It has been brought for saying that
the accused was showing willful inaction. Towards the
budget proposal prepared by the Director, AHD which
caused actual loss.
58
(4)
Printed
budged
for
the
years
1992-93
and
1993-94
(6)
59
seizure of document by
Secretary and Additional Secretary during the period. He has brought file
No 1-160/93 of the AHD (actually brought by PW 171) being received in
the office of Chief Secretary Bihar Government and it was forwarded to
the AHD and the endorsement has been marked as Ext 18/245, it has
been shown to be endorsed by the then AHD Secretary (A-15) on
7.8.1993. He has further stated that the file was moved before the
Hon'ble Minister AHD for sanction of inquiry and the note of the officer
has been marked as Ext 18/246. it has been endorsed by this accused to
the then Hon'ble Minister another co-conspirator A-17 and before A-19.
PW 174 Narendra Prasad Singh was Deputy Director in the AHD and
mainly doing with the establishment work i.e. transfer posting,
promotion etc. He has brought on record Ext 38/270 the file relating to
extension of service of S.B. Sinha (A-8). He has stated that the file moved
with a letter of Dr. Jagarnath Mishra A-18, an order dated 7.12.1993
was passed by A-20 Lalu Prasad. A-20 had ordered to place the file
through the AHD. The file was placed before A-15 on 14.12.1993 which
was marked to the Minister on 18.12.1993. The State Minister A-17
forwarded it to A-19 on the same day and it was brought before A-20 on
30.12.1993, on the same day after crossing several channels of Cabinet
60
to
co-conspirator
A-1.
It
has
been
stated
that
at
the
61
objected the extension of service of A-8. PW 106 has brought letter sent
by this accused through Memo No. 4064 dated 23.06.1993 sent to RD
AHD which has been marked as Ext. 18/205. Similarly, Ext. 18/206 is
the letter no. 152/l0vks0 dated 22.06.1993 of this accused sent to the
Director, AHD, letter no. 7435 dated 23.06.1993 has been written by coconspirator Dr. K.N. Jha to the Secretary, AHD, it has been marked as
Ext. 18/207, letter dated 21.06.1993 of K.N. Jha, RD AHD to the
Director, AHD it 18/208, letter no. 149/l0vks0 dated 09.06.1993 is the
letter of the Secretary AHD to the Director AHD with a copy to the RD
AHD, it has been received in the office of RD AHD and endorsed by Dr.
K.N. Jha as Ext. 18/209. It has been clarified by PW that all the letter
relates to withdrawal of Rs. 50,56,000/- from Chaibasa Treasury. I have
62
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
64
expenditure
of
Rs.
9.49
crores.
Such
excess
65
pointed
by
out
the
in
Audit
Secretary,
in
1992
Animal
were
not
Husbandry
66
67
Re-appropriation
proposals
were
approved
in
Animal
position
was
measure
of
naked
68
Dr.
Ram,
approximately
Rs.
27.91
crores
were
69
in
purchase
of
feed,
fodder,
medicines
and
artificial
insemination materials.
Feed and fodder worth Rs. 278.34 crores during the period
1993-94 to 1994-95 have been purchased against estimated
requirement of worth Rs. 10.05 crores.
70
was
circulated.
These
orders
approved
36
feed
71
Audit
comments
on
the
irregularities
in
artificial
continued
in
these
districts
unabated
in
subsequent period.
Manipulation of allotments by DDOs
of
particular
supplier
against
fictitious
72
73
74
3.
during
the
financial
year
should
be
75
76
(b)
79
80
to
whom
such
Assessing
Officers
are
Commissioner
or
Commissioner
from
whose
81
Evidence
regarding
gratification.
The
Car
Advance
The
prosecution
has
brought
following
evidence
b.
Bihar
Financial
Rules
containing
rules
pertaining
to
84
e.
f.
85
86
88
In
this
part
of
the
judgment,
the
role
of
A-19
(Minister
AHD-dead), A-20
(Chief-Minister
cum
with
the
previous
sanction
(3)
Notwithstanding
anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974) (a) No finding, sentence or order passed by a special judge
shall be reversed or altered by a Court in appeal, confirmation or revision
on the ground of the absence of, or any error, omission of irregularity in,
would,
while
determining
whether
sanction
for
such
Lokayukta against them for having released 7.5 acres of land illegally to
its earlier owners even though the same had been acquired by the Indore
Development Authority. After investigation the Lokayukta submitted a
report holding that there were sufficient grounds for prosecuting the two
Ministers under Section 13(1)(d) read with Section 13(2) of the Prevention
of Corruption Act, 1983 and also for the offences of criminal conspiracy
punishable under Section 120-B of the Indian Penal Code. It must be
mentioned that by the time the report was given the two Ministers they
had already resigned. Sanction was applied for from the Council of
Ministers for prosecuting the two Ministers. The Council of Ministers
held that there was not an iota of material available against both the
Ministers from which it could be inferred that they had entered into a
criminal conspiracy with anyone. The Council of Ministers thus refused
sanction on the ground that no prima-facie case had been made out
against them. The Governor then considered grant of sanction keeping in
view the decision of the Council of Ministers. The Governor opined that
the available documents and the evidence was enough to show that a
prima-facie case for prosecution had been made out. The Governor
accordingly granted sanction for prosecution under Section 197 of the
Criminal Procedure Code. Both the Ministers filed separate Writ Petitions
under Articles 226 and 227 of the Constitution of India assailing the
10
to
mandatory
procedural
requirements;
but
since
the
11
In
the
case
of V.C.
Shukla
vs.
State
(Delhi
Government
could
prosecute
persons
who
are
political
13
16
17
19
20
21
22
23
authority,
which
governs
it,
(d)
that
every
re-appropriation
,appropriation has been made in accordance with the rules made in this
behalf by the Governor or by the Finance Department, as the case may
be. (2) The Committee shall bring to the notice of the Assembly- (i) every
re-appropriation, appropriation within a grant which has the effect of
increasing the expenditure on an item the provision for which has been
specifically reduced by a vote of the Assembly;
Assembly has made a specific stipulation on that the money voted for a
certain purpose shall not be diverted to any other purposes, every case of
diversion of such money to any purpose without a token vote; (iii) all
expenditure which the Finance Department has requested should be
brought to the notice of the Assembly. (3) It shall also be the duty of the
Committee- (i) to examine such trading, manufacturing and profit and
loss accounts and balance sheets, as the Governor may have required to
be prepared and the comptroller and Auditor Generals report there on;
(ii) to consider the report of the comptroller and the Auditor General in
cases where Governor may have required him to conduct an audit of any
receipts or to examine the accounts of the stores and stock; and (iii) to
examine
the
statements
of
accounts
of
autonomous
and
semi-
24
leading
to
such
an
excess
and
make
such
recommendation, as it may deem fit. Rule 239 provides that the report
shall be presented to the Assembly by the Chairman of the Public
Accounts Committee.
534. At the very outset in the examination u/s 313 Cr.P.C,
this accused was reminded by me that he had taken oath to discharge
duties in accordance with the Constitution of India and Established Law,
without fear, favour, affection or ill-will. The main allegation against this
accused being that he tried to shield the culprits of the AHD Scam. He
has denied of taking part in any general or specific criminal conspiracy.
He was confronted with the evidence of his knowledge regarding
fraudulent withdrawal by the AHD officials from the circumstances i by a
report dated 30.12.1992, the P.A.C had exonerated the AHD officials
from the allegation pertaining to false transportation of live stock. ii. The
calling attention motion question No 10 dated 18.3.1991 by which the
Honble M.L.Cs, Sri Kripananad Pathak and Shatrudhan Singh had
brought the notice of the Honble House regarding the fraudulent
withdrawal and the co-conspirators, the then Chief Minister Lalu Prasad
had given false assurance of inquiry but no such inquiry/investigation
was made in the name of P.A.C inquiry. iii The accused was also
confronted with the evidence
the P.A.C regarding any such inquiry, to which he has stated that it was
a collective decision of the joint committee of the PAC and he had taken
over the ongoing inquiry and the assembly had authorized the earlier
committee for such inquiry. He has further stated that the report of the
PAC is still confidential. The attention of the accused was also drawn
25
foHkkxh; izLrko esa fok foHkkx lgefr ns( at page 2 fV0 he had approved the
27
28
29
30
it
should
be
enquired,
the
second
order
is
dated
31
Vigilance, the file was sent to the Chief Secretary for an order to stop the
investigation and ultimately the Chief Secretary ordered to stay the
investigation and accordingly the DG stayed the investigation of the
vigilance case ,it has been clarified that as the letter of PAC had come
through the CM, the file was sent to the CM again for approval but it
returned back from the office of CM without any order, the file was again
sent to the CM and the Chief Secretary had given a note that the
vigilance may make secret enquiry. This witness has been parried by the
prosecutor in para 16 of the cross examination. It has been stated that
he subsequently came to know that the PAC had actually not seized any
document. The Ld. Special PP has also drawn my attention towards the
impact of the letter of the PAC upon the AHD irregularities. The
prosecution has relied upon Ext 38/281. At page 19/N (of the noting
part) in which an office note has been given that the Honble Chairman
PAC of Bihar Legislative Assembly has informed that the PAC is making
enquiry into the Financial irregularities in AHD, South Chottanagpur,
Santhal Pargana region and after the enquiry the committee will submit
the report upon the matter, upon the said note A-12,the AHD Secretary(a
co-conspirator) has given a note that the office is directed to comply the
order of the Chairman of the PAC and the Executive Business Rule
should prevail. A-12,a senior IAS officer was aware that in such case
Executive Business Rule had no application
criminal- investigation in which PAC could not have poked its nose. The
Ld. Special PP has also drawn my attention towards the impact of the
letter of PAC by saying that when the audit inspection party of AG visited
32
It
could
have
revealed
that
the
order
of
C.
D.
33
Whether
the
purchase
was
made
after
fulfilling
the
G.
H.
I.
J.
K.
L.
34
PW-175
Phul
Jha
was
posted
as
Under
37
38
conspiracy
of
the
politicians/Minister/Leader
of
in
AHD matters and this criminal conspiracy was prevalent since years and
continued in subsequent years. It has been submitted that had the
proper inquiry/investigation been made at that stage the scam could not
have perforated at such a huge level, the AHD officials were emboldened
by their exoneration by the PAC and getting support of the Leader of The
Opposition/Minister/Chief -Minister and the bureaucrats.
39
It has been stated that despite the steps taken by the court as well
as by the accused himself, the following documents could not be
brought on record which has caused prejudices to the defence. The
following specific document while Annexure-A could not be
brought before the court for which the defence had prayed
summoning of the documents.
i.
Proceeding Book and file of PAC for the year 1990 to March
1995 regarding participation of members of PAC in
different meeting at various places in connection with
enquiry
conducted
by
PAC
regarding
financial
40
iv.
v.
(B)
41
(D)
and
it
was actually
42
43
cases
may
be
fast
tracked.
44
Pending
such
criminal
if
Hon'ble
Member
indulges
in
criminal-
activities/conspiracy.
544. The learned defence counsel has filed AIR 1979 S.C
1761 popularly titled as Chonampara Chellappan and Others VS. State
of Kerala for saying that the court is required to look into with some
amount of suspicion and on the evidence of accomplice witness which is
a tainted evidence an order of conviction may not be passed without
corroboration, and even Sec. 133 of the Indian Evidence Act provides
that the evidence of an accomplice witness should not be accepted
unless corroborated. At the same time, it must be remembered that
corroboration must be in respect to material particulars and not with
respect of each and every item, however minor or insignificant it may be.
The requirement of corroboration is a rule of prudence. I have already
discussed regarding the appreciation of accomplice witness and every
caution has been taken by me in appreciation of such tainted witness.
AIR 1973 S.C 1188 has been brought by the defence for saying the same
facts. 1971 Cr.L.J 523 Vol 77 page 523 has been relied by the learned
defence counsel for saying that the I.O. was not competent to
45
grant
been
examined
by
me
cautiously
46
and
only
after
getting
namely Dr. Shambhu Sharan Mishra the then R.D AHD Patna,
Dr. Indrabhan Prasad and Dr. Narendra Singh. R/30 is the C.C of
deposition of witness No 156 Nagendra Prasad in R.C 64(A)/96. The copy
of the evidence has been brought for saying that this accused had seen
letter by which this accused had requisitioned documents from different
DCs. I have already discussed regarding the relevancy of Ext R/38,
which is brought for saying that this accused had raised in the meeting
of the C.A.G the difficulties in working of the PAC, I have discussed
regarding this Sri Sakdhar Report. R/34 has been brought for saying
that an inquiry was already entrusted to the then PAC Ram Jatan
Sharma and he had picked up the said inquiry. R/37 is the letter issued
by the PAC to the different Deputy Commissioner of the South
Chotanagpur and it has been stated that in the bills of PHED several
irregularities have been found. The said Nagendra Prasad had seen this
letter. R/33 is the report No 279 of the PAC. It has been brought for
47
prosecution for saying that this accused was in unison of criminalconspiracy with other accused persons, he stalled the necessary inquiry/
investigation due to which the scam perforated
48
on
30.6.93
for
administrative
ground
in allegation
of
50
51
may
be
drawn
regarding
his
knowledge
towards
54
56
letter he had
57
58
foHkkfx; izLrko vkSj fu.kZ; esa fok foHkkx dh lgefr nh tk;^^ It is to be mentioned
that at 4 fV0 A20 had already directed ^^,d okZ fn;k tk;^^ It will be
apparent from the file that Dr. S.B. Sinha was to superannuate on
31.12.1993 and he was made to continue in service in the name of
completion of formalities for one year without taking any approval and
against the government circular as A-20 had himself given a note on
30.12.1993 regarding extension ^^,d okZ fn;k tk;^^ it is mention worthy
here that A-20 was the Chief Minister as well as Finance Minister of the
Government and as per Executive Business Rules he was having
Residuary Power meaning thereby he was having additional power to
interfere in the work of other departments also. The file was again moved
before the Finance Commissioner and specific note was given by the AFC
S.Vijay Raghwan in which after perusal of the note of Chief Minister, he
has reminded the Finance Commissioner regarding the order of the
Honble Court in CWJC No. 3885/94 titled as Indradev Singh Vs State
Government in the terms in the mean time we direct the responded not
to appoint or continue any officer after superannuation unless before
superannuation an order granting extension of service is passed in
accordance with the rules. He further gave the following notes which will
show the feelings of the officer fopkj/khu ekeys esa dksbZ vkSipkfjd vknsk fuxZr
ugha gqvk gSA fok foHkkx ds Kki la0 1600 fnukad 01-04-1991 ds vuqlkj Hkh] tks bl
lafpdk ds i`0 6&5@i0 ij gS] eaf=ifj"kn dh lgefr izkIr dj lsok fuo`fk dh frfFk ds
iwoZ lsok vof/k foLrkj ;k iquZfu;kstu dk vknsk fuxZr gksuk pkfg,A pwafd bl ekeys esa
izLrkfor lsok vof/k foLrkj ds vkf[kjh fnu lafpdk okil ykSVh gS] vc eaf=ifj"kn dh
vkSipkfjd Lohd`fr izkIr djus ds vykok vkSj dksbZ fodYi ugha gSA Ikkqikyu foHkkx dks
eaf=eaMy ds le{k izLrko j[kdj Lohd`fr izkIr djus ds fy;s dgk tk ldrk gSA fok
59
It
has
been
stated
that
the
60
activities
prevalent
in
Animal
Husbandry
Department
62
uke lEcksf/kr i= layXu djrs gq, eSa fuosnu djuk pkgwxk fd bli= esa mBk;s x;s fcUnwvksa
ds vkyksd esa vki vius Lrj ls leqfpr vknsk nsuk pkgsaxsA bl i= esa dgk x;k fd
Ikkqikyu foHkkx xfBr dsUnzh; ; lfefr ds vfrfjDr vU; inkf/kdkjh ds fo:) fuxjkuh
foHkkx eqdnek nk;j fd;k x;k gS] tcfd ekeyk ; lEcU/kh gSA vr% ; lfefr ds
lEcfU/kr O;fDr;ksa ds fo:) dkjZokbZ gksuh pkfg;sA vr% vkxzg gS fd oLrqfLFkfr dh leh{kk
dj oSls gh inkf/kdkfj;ksa ij dkjZokbZ dh tk; ftu ij LiV vkjksi gSA vuko;d :Ik ls
vU; yksxksa dh ijskku ugha djus ij fopkj djsaA this letter has been defended on
two grounds it has been stated that the alleged letters dated 23.08.1990
and 13.11.1990 (reminder) are forwarding letters of letter written by his
party M.L.A namely Vijay Kumar Choudhery, wherein this accused
requested the government to consider the points raised by the M.L.A. It
has been stated that it will be evident from the letter of Vijay Kumar
Choudhery, the then M.L.A. of his party learnt from local news paper
that the Vigilance Department is making some enquiry. It has been
argued that letter was only suggestive in nature and as this accused was
not holding any office of authority it had not acquired any binding nature
upon the government. The Ld. Defence counsel has also drawn my
63
fojks/kh ny ek% & ftu 14 inkf/kdkfj;ksa ds f[kykQ vius ,Q0vkbZ0vkj0 ntZ fd;k
mudks fxjrkj ugha djus dh D;k vkSfpR; gS\ ftuij vkius vkjksi yx;k] mlds ckn
vkidks foftysal fMikVZesUV dh rjQ ls dgk x;k fd iwjs ekeys dks ,d lkFk tkp djk;h
tk;sxh] ;g rks my>kus dk dke fd;k gSA ftuds f[kykQ vkius ,Q0vkbZ0vkj0 fd;k gS
muij vki dkjZokbZ dhft,A blds ckn tkp gksxhA foftysal fMikVZesUV vkidh lgh jkLrs
ls Mk;olZu nsuk pkgrh gS blfy, esjk lq>ko gS fd ,Q0vkbZ0vkj0 usEM inkf/kdkfj;ksa ij
vki dkjZokbZ dhft,&&&& The Learned Defence Counsel has submitted that
the charge of prosecution has been misplaced and actually this accused
being leader of opposition consistently pursued the matter of enquiry by
the Vigilance Department. The Ld. Special PP has replied by saying that
by making a recommendation limited to the Member of Central Purchase
Committee the accused actually wanted to scuttle the vigilance enquiry.
The Ld. Special PP has pointed out the facts and circumstances of the
vigilance enquiry, it has been stated that the vigilance enquiry was to be
initiated after disclosure of the fact that with the help of fake allotment
letters the government money has been siphoned from the government
treasury and in the circumstances if the vigilance enquiry been not
scuttled it could have checked the further perforation of the scam. The
Ld. Defence Counsel also relied upon the evidence of PW-277 and DW-37
for saying that by the letter of this accused no undue influence was
caused in the vigilance enquiry. The defence has produced DW 15 and
DW 16 on behalf of this accused. DW 15 has stated that in the period
1987 to 2007 he was working in Hindustan Hindi daily. He has come to
say that on 4th June 1993 Dr. Jagarnath Mishra the then leader of
opposition has convened a press conference in the conference hall of the
Legislative Assembly and he was present there to cover up the Press
Conference. He has further stated that on the following day i.e. on 5th
64
65
of
the
case.
The
prosecution
has
brought
the
66
67
68
forwarded by the CVC India regarding AHD officials was brought to his
notice also but no action was taken by him. He has also extended the
service of A-8 S.B Sinha despite the serious objection made by the
Finance Department on 18.12.1993 though he had seen the complaint
against him only on 11.12.1993. He had also approved the extension of
service of co-conspirator Dr. R.K. Das and received gratification from A-8.
554. A-20 Lalu Prasad @ Lalu Prasad Yadav was the Chief
Minister-Cum-Finance Minister of Bihar in the period 1990-97. He was
heading the Council of Ministers to aid and advice, His Excellency, the
Governor who is the Executive Head of the Government. Article 167 of
the Constitution of India lays down the duties of the Chief Minister of the
state as follows:- (a) To communicate to the Governor of the State all
decisions of the Council of Ministers relating to the Administration of the
Affairs of the State and proposals for legislation. (b) To furnish such
information relating to the administration of the affairs of the State and
proposals for legislation the Governor may call for, and (c) If the
Governor so requires, to submit for the consideration of the Council of
Ministers, any matter, on which a decision has been taken by a Minister
69
to
meet
expenditure
described
by
the
Constitution
as
expenditure charged upon the Consolidated Fund of the State. (b) The
sums required to meet the expenditure proposed to be made from the
Consolidated Fund of the State. (c) To make demand for grants. As per
Bihar Budget Manual, the Finance Minister shall make a separate
demand in respect of the grant proposed for each department of the
Government, Provided that the Finance Minister may, in his discretion,
include in one demand, grant proposed for two or more departments, or
make a demand in respect of expenditure, such as famine, an interest
which can not readily be classified under particular departments. Each
demand shall contain first statement of total grant proposed and then a
statement of the detailed estimates under each grant divided into items.
It further lays down that the Budget shall be presented in such a form as
the Finance Minister may consider best fitted for its consideration by the
Assembly. (d) The Finance Minister shall have a general right of reply at
end of the discussion. (e) Provisions of Rule 126 of Bihar Budget Manual
provides that the report on Audit is laid on the table of Legislative
Assembly at a convenient date by the Finance Minister. Approximately a
week later, the Finance Minister moves that the report be adopted. A
similar procedure is followed in case of the report on Appropriation
Accounts, and Audit Report. (f) In dealing with the Appropriation Report,
the P.A.C. makes recommendation to the Legislative Assembly as to
allowance or dis-allowance of excesses over voted grants. If allowance is
recommended, the Finance Minister, when the report of P.A.C. has been
considered, presents to the Legislative Assembly a demand for an excess
grant. If the P.A.C. recommends dis-allowance, it is for the Government
to decide whether a demand for an excess grant will be presented or not.
70
government Press Gaya has come to say from where the CBI had
obtained the manuscript of the report and the printed report has
been marked as Ext 89 series. This report has been initiated at the
71
72
other
serious
financial
irregularities
indicating
the
(b)
74
70,72,04,886/- was made by the AHD alone in the year 1991-92/the letters sent by the CAG to the Bihar Government in this regard
76
77
made
in
1991-92,
Rs.
87,77,27,635/-
in
1992-93,
while
in
the
year
1993-94
it
was
Rs.
right
form
the
Chief-Minister-Cum-Finance-Minister
79
(E)
The Actual expenditure incurred by AHD during the period 199091 and 1992-93 were also contained in the report presented to the
10th Finance Commission by the Finance Minister showing his
knowledge of the actual expenditure of the AHD. The draft report
to be placed before the 10th Finance Commission was also placed
by the Chief Secretary before the Chief Minister on 26.5.1994, the
prosecution wanted to prove it through the concerned file. It is
apparent from Ext 38/279 the entire file relating to the financecommission and with regard to State-forecast that a comparative
chart have been prepared regarding grants given by the budgetary
allocation and the actual expenditure. It will be apparent from the
chart available that in the AHD 2403, there was a vast gap
between the allocation of grant and the actual expenditure. The A20 with the help of Secretary Finance, a co-conspirator was
required to keep a tab by monitoring the fact as to how such a vast
gap has appeared between the allocation and the expenditure. A
plea has been taken by the learned Senior defence counsel that the
charge does not mention about the 10th Finance Commission
Report but in the examination u/s 313 of the Cr.P.C this question
has been put to the accused. The learned defence counsel has also
relied upon Ext J which is report of the 10th Financecommission to controvert the circumstance put under sec 313
Cr.P.C .Let me examine the specific charge against the accused. It
reads as that you ---------------- by corrupt and illegal means or
80
dishonestly
and
knowledge
of
fraudulently
fraudulent
in
spite
activities
of
having
prevalent
in
definite
Animal
been made against the accused that he did not take any action
despite having definite knowledge of fraudulent activities. It seem
to me that learned Senior defence counsel could not be properly
assisted, as the question No 8 in examination u/s 313 relates to it
has appeared that finance-department Government of Bihar
prepared a forecast of resources on revenue account for 1995-2000
for the 10th Finance-commission in May 1994 wherein non
planned expenditure including major head 2403 AHD were
included, the figures include indicated excessive expenditure.
Thus, the question relates to forecast of resources prepared by
Government of Bihar to be placed before the 10th FinanceCommission and it relates to Ext 89 series and Ext 38/279. while
the Ext J is the report of the 10th Finance-commission.
(F)
81
82
3.
(H)
(I)
83
84
85
86
87
Sukhdeo
Singh
by
his
demi-official
207/Treasury
dated
16.5.1994
had
letter
forwarded
No
some
88
of
discussion
has
wished
to
peruse
the
file
conspired
with
the
co-conspirator A-13
in
89
proving
circumstance and also for proving the fact that A-13, A-20
and others were having meeting of mind to stall any genuine
inquiry/investigation. It has been pointed out that it is
apparent from the file that fake allotment-letters came in the
hand of the Chief-Minister himself. He was aware of the
provision that in the matter of criminal-activities, the PAC
90
(c)
91
and
92
93
the
A-20
on
28.2.1994
and
he
endorsed
the
for a total
post
of
Additional
Director
95
AHD
after
making
illegal
3.
4.
96
Director
in
the
AHD
and
mainly
doing
with
the
97
the
A-11
and
without
obtaining
the
approval
of
Finance/Cabinet A-8 was directed to continue his service. This fileexpress moved fast as palm of the co-conspirator A-22 was amply
greased for himself and also for the accused A-20. Accordingly a
letter was issued by A-15 on 31.12.1993 itself and it was sent to
Finance Department on 5.1.1994. The Finance Department did not
agree with the extension of the service and the file was sent to A-20
who was in-charge finance also and the A-20 directed to approve
the extension of the service. He has stated that without getting any
approval of the Cabinet A-8 continued his service from 1.1.1994 to
31.12.1994, even vigilance clearance was not taken and even
cabinet approval was taken post-facto. It has been stated that the
file was moving hand to hand through A-22 ,a close lieutenant of
the A-20.
557. This PW has also brought the Ext 38/271, this file
relates to transfer and other matters with regard to accused B.N Sharma
A-1. It has been stated that at the recommendation of M.L.A Rajo Singh
(an accused in supplementary case since dead) A-20 issued a buff
sheet directing to stay the transfer of the accused B.N Sharma. The stay
of the transfer of the B.N. Sharma, the accused persons namely A-15, A17 and A-16 had given clear consent. The letter given by the chief whip of
the Congress Rajo Singh at his letter head addressed to the chiefMinister upon which A-20 passed an order and stayed the order, and the
order No 518 dated 28.7.1993 was issued and it was duly informed to A11 and A-15 that the stay has been made. It has been stated that in the
file A-17, A-16 and A-11 had endorsed for the stay. This file initiated
98
memo
administrative
no
1stha/106/93/4459.
reason
to
Manager
A-1
was
Government
transferred
Cattle
for
Firm
99
kekZ dk LFkkukarj.k LFkfxr dj nsaA vr% LFkx.k lEca/kh vf/klwpuk fuxZr dj oLrqfLFkfr ls
eq[;ea=h egksn; dks voxr djk fn;k tk;A accordingly the draft proposal was
brought before the Secretary and after approval of the draft by
notification dated 28.07.1993 issued by memo no. 518 the transfer of
B.N. Sharma was canceld in following terms ^^MkW0 ch0,u0 kekZ] ftyk Ikkqikyu
100
102
distributed died within six months of the distribution. It was found by the
Honble Minister that the R.D AHD had deliberately not complied the
order of the government. He has also found following irregularities in his
note (i) on 18.10.85 heifers have been said to be transported from
Ranchi to Simdega but the number of heifers have not given in the bill. It
has been found that as per the bill the one truck transported heifers at
different places situated at a far distance which is simply improbable.
The name of the father of the beneficiary has not been given and none of
the AHD officer has certified the distribution of the heifers, all the heifers
have been shown as dead within six months of the distribution and no
postmortem was conducted on them, It has been observed by the Honble
Minister that Assistant Director who enquired into the matter did not
contact the actual beneficiary, (ii) On 30.5.1985 four heifers have been
103
104
foHkkx dks lkSaih tk ldrh gSA b/kj fuxjkuh foHkkx ,oa fuxjkuh vUosk.k C;wjks us dbZ cM+s
ekeys gkFk esa fy;s gSaA ;fn bl dke dks Hkh mUgsa fn;k tkrk gS rks ,d le; lhek ds
vurxZr djuk muds fy;s laHko ugha gksxkA The Chief Secretary gave an alternate
suggestion for enquiry by CID it was placed before the Chief Minister on
13.11.1990 the Chief Minister endorsed the proposal as above stated on
d and did not approve the CBI enquiry and if one read within lines not
even CID inquiry was approved as both have been said to be busy. I have
considered the submission of the learned defence counsel that the
matters relates to MESSO scheme sponsored by the Central Government.
The learned Spl PP has submitted that the evidence has been brought by
the prosecution for placing a circumstance that fraudulent activities were
prevalent in the AHD and A-20 was not giving heed to suggestions of his
minister as his relationship with the AHD officials were very intimate.
Thus the said allegation of fraudulent payment of bill of Rs. 26,594/- as
pointed out by the D.A.G was apprised by the then minister AHD who
pressed for CBI inquiry on 18.8.1990. This accused ordered for vigilance
inquiry on 13.11.1990 that too did not materialize as co-conspirator Dr.
Jagarnath Mishra insisted not to institute police case against AHD
Officers as it would have demoralizing effect. It has been pointed by me
elaborately for saying that the scam had all ready started working and it
was not a case of fraudulent withdrawal of such a small amount.
105
to Lalu
Prasad even before his tenure as C.M and he was receiving cash from S.B
Sinha throug Dr. R.K. Rana, in 1988-89 Lalu Prasad had come to meet
Dr. S.B. Sinha on the day of election of Chief Minister and Dr. S.B Sinha
paid Rs. 5 lacs for purchasing MLAs. After it the relationship of Dr. S.B
Sinha became more proximate and he used to visit C.M's house every
now and then. It has been disclosed that in the year 1992 when the news
of AHD Mafiosi came in the news paper, he started demanding more from
106
107
Dr. R.K. Rana and S.B. Sinha were local guardians of daughters of
accused Lalu Prasad.
B.
C.
D.
S.B. Sinha was making regular calls from his phone No 501500 to
the telephone No at the C.M residence No 224129, accused
supplier D.N Kashyap was making phone from his phone No
205907 at the C.M residence No 222079 and 224129.
E.
Implementation,
Government
of
Bihar,
this
is
nominated
by
the
Chief
Minister
for
file
Ext
18/
92,
the
file
18/92
containing
the
correspondence part and the entire file as Ext 38/280. It has been
stated that the Chief Minister approved the name of Dayanand
Prasad Kashyap on 13.4.1992 after which it was sent to the
108
The
onus was upon the defence for bringing the fact on record that
existence of Deen Dayal Kashyap was also probable. It has been
argued that the said Deen Dayal Kashyap could not have been an
incognito public figure,as he was to be given a status of StateMinister. It was a fact especially within the knowledge of the
accused and for non production of any tangible evidence, it will be
read against him. It has been argued that Deen Dayal Kashyap is a
fictitious personality,and no such person was in race as probable.
I have also considered
109
b.
The said restriction was made after approval from the C.M
on 23.10.1991. In terms of the approval order No 7194 and
7195 were issued on 27.11.1991 permitting them to
withdraw only a certain percentage of the budgetary
provision. There was no mention about the AHD thus,
leaving an area of cloud as to whether the regulations were
applicable on the AHD or not.
c.
Secretary
were
authorized
to
control
the
Peddling
and
Narrowing
Down
the
Scope
of
110
submit a report
112
113
(1)
(b)
(c)
(2)
115
Being Finance
and perused the CAG reports for the Financial years 1988-89, 19891990, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95 - the file has been
brought on the record for showing the facts and for saying that the
colossal excessive withdrawal was within the knowledge of the accused.
A.G had passed an comment on excess withdrawal by saying it was
under pitched budget and an absence of control over expenditure.
The
An
117
Nitish
120
121
minister of the Cabinet Rank in the ministry of accused Lalu Prasad and
his wife during the period 1990-2000. He has come to say that the CBI
never moved before the Cabinet for the prosecution sanction against
accused Lalu Prasad. DW 30 Pavitra Paswan has come to say that no A.C
was installed in the Cow Shed of the accused Lalu Prasad and the report
of the A.G on the point is not correct. DW 31 Gulam Tahir was working
in C.M Secretariat for a long period of time. He has stated regarding the
movement of file in the C.M Secretariat. He has further stated that airjourney tickets for the accused was purchased by the Finance-
122
123
and
on
2.2.1996,
the
C.M
ordered
for
vigilance
investigation. He could not assign any reason before the court as to why
a simultaneous vigilance inquiry and PAC inquiry was not possible. The
defence has brought exhibit R/16 the certified copy of judgment dated
18.12.2006 passed in R.C 5(A)/98-Pat, against the accused Lalu Prasad
and his wife Rabri Devi Devi as D.A Case. It has been stated that the
Special Judge did not find it a case under dis-proportionate asset and
the accused persons have been acquitted of the charges. It has been
further stated that the amount of Rs. 40,500/- each for two drafts have
been shown as expenditure in the case and it has been accepted by the
Special Judge as the expenditure of this accused. Ext R/27, Ext R/28
and
Ext
R/29
have
been
brought
by
the
defence
for
making
124
125
126
127
CBI was biased against the accused in the matter of arrest. The
learned defence counsel has vehemently argued that the CBI as an
agency has been found to be caged parrot in a recent remark by
the Hon'ble Apex Court. I am of the view that the remark of the
Hon'ble Court is not a matter of discussion here and the only point
which is to be examined by me as to whether the CBI has distorted
the evidence due to biasness against the accused. The learned
Special P.P has submitted that in the period of 1990's to 2000 this
accused was a very powerful force in the state of Bihar and after
his arrest in this case, he tipped his wife as the Chief-Minister of
Bihar. Thus, the reign of power for this accused continued even
after his arrest in this case. It has been stated that when a
powerful Chief-Minister is arrested by an agency like CBI, it cannot
be made possible without the help of the local police. It has been
submitted that the CBI might have requisitioned army out of fear
as the local police was not supposed to help the CBI in arresting
the accused. My attention has also been drawn towards the fact
that very ugly situation was created in the premises of Civil Courts
Patna and the Hon'ble Patna High Court was compelled to initiate
a contempt proceeding. It has been further submitted that it
makes no difference to the merit of the case.
B.
C.
After the surrender of the accused Lalu Prasad, his wife Rabri Devi
had taken oath as Chief-Minister of the State.
128
The draft amount of Rs. 40,500/- each for two drafts were taken as
expenditure by the Special Judge in R.C 5(A)/96 and the order of
Special Judge has attained finality.
E.
The CM residence was open for all in the festivals such as Holi and
the accused R.K.Rana was not alone to play Holi with the wife of A20.
F.
AIR 2005 S.C 3820 titled as N.C.T of Delhi Vs. Navjot Sidhu, it has
been brought regarding appreciation of evidence by the court
within the meaning of Sec. 10 of the Indian Evidence Act. It relates
to appreciation of evidence for things said or done by conspirator
in reference to common design. I remained cautious in scrutinizing
the evidence and a care has been taken by me that only the
admissible evidence in this category is used in the trial.
2.
AIR 1984 S.C 1622 paragraphs 142 to 144, AIR 1953 S.C 468 have
been brought for saying the purpose of Sec. 313 of the Cr.P.C. It
has been stated that unless a circumstance is placed to the
accused u/s 313 Cr.P.C, the same cannot be used against him. In
this case the questionnaire u/s 313 Cr.P.C was prepared with the
help of new provision u/s 313 (5) Cr.P.C and the help of the defence
as well as prosecution was taken and even written reply purported
to be file u/s 313 Cr.P.C has been taken on record.
3.
(2006)12 SCC 306 has been brought on point that the conduct of
the accused must have nexus with crime committed.
129
5.
AIR 2011 S.C 3753 (para 10, 11, 22, 24), AIR 1999 S.C 1969 (C),
AIR 1977 S.C 1579 (para 24), AIR 1949 P.C 257 (B), AIR 2008 S.C
391, AIR 1977 S.C 1936 (para 37), AIR 2004 S.C 4961 (para 5/6,
AIR 1979 S.C 135, AIR 1988 S.C 139. These citations have been
brought for stating the guidelines in the matter of appreciation of
approver's evidence.
6.
130
AIR 1956 S.C 217 is on the point that explanation of the accused
is to be accepted.
8.
AIR 1974 S.C 28 has been brought for saying the effect of D.A case
judgment.
9.
AIR 1999 S.C 2640, AIR 1988 S.C 1883 and others have been
brought
on
point
of
appreciation
of
evidence
of
criminal
conspiracy.
10.
AIR 2003(3) PLJR has been brought on the biasness of CBI. I have
examined the ratio and cautiously examined the evidence. In the
cited case brought before the Hon'ble court as Cr. Misc. No 16811
of 2003. The petitioner Lalu Prasad raised the questions relating to
curtailment of the defence witness in D.A Case. The petitioner had
raised
point
that
due
to
biasness
of
the
CBI
the
accused/petitioner had suffered a lot and the CBI and its officers
were malafide in roping the accused in the case. In order dated
4.8.2003, the Hon'ble Court was of opinion that if an accused
makes an allegation that the informant or the prosecution agency
was guilty of malafide or having animus against the accused and
wants to lead evidence on the same, then the count on being
prima-facie satisfied about the materials may permit the accused
to lead evidence on the said point. It has been observed that
allegation of malafide cannot be a ground for quashing the
prosecution, but it is a relevant fact while judging the correctness of
131
12.
AIR 1988 S.C 1883 known as Kehar Singh case has been brought
on the point of appreciation of evidence regarding Criminal
conspiracy. Their Lordships had considered that Sec. 10 of the
Indian Evidence Act will come into play only when the court is
satisfied that there is reasonable ground to believe that two or
more persons have conspired together to commit an offence. There
should be, in other words, a prima-facie evidence that the person
was a party to the conspiracy before his acts can be used against
his
co-conspirator.
Once
such
prima-facie
evidence
exists,
132
B.
134
18/174 and Ext 18/175 are the signatures upon the letters by
which direction was issued by the office of R.D AHD. He has also
come to say that PW 175 had actually received all the files. Ext
38/35 is the file relating to AHD which was handed over to the
PAC subsequently, the witness has stated that instead of taking
away the file the said Phul Jha had actually received the list of file.
He has further stated that in the year 1996, A-21 had called for,
the documents of the AHD from the R.D AHD and when the
documents were brought to Patna actually it was not received in
the office and it was kept in the house of A-8 S.B. Sinha and on
that day he came to know through the news paper that AHD office
has been sealed by the police. A written argument has been filed
135
this
accused
was
duly
forwarded
by
Sri
V.S
Dubey
136
138
140
cases,
it
has
been
submitted
that
the
CBI
has
given
the Court within the meaning of Section 306, 307 Cr.PC. The learned
defence counsel has submitted that no doubt a conviction may made
even on the basis of approver's evidence, however the demand of law of
prudence being as illustrated u/s 114 of Evidence Act vide illustration (b) that an accomplice is unworthy of credit unless corroborated with
material particulars. It has been reiterated that the case laws as
propounded from the privy council and from up to the Hon'ble Apex
Court, and the law has been settled that as a matter of prudence an
accused should not be convicted on the basis of uncorroborated
testimony of approver/accomplices evidence unless corroborated by any
independent witness on material point. It has been further submitted
that it is also a settled law that one accomplice cannot corroborate the
other accomplice to hold an accused guilty, the corroboration must come
from independent evidence/circumstances. The learned defence counsel
further submits that an evidence of such an accomplice is untrustworthy
for the main three reasons -(i) An accomplice is likely to swear falsely in
order to shift the guilty from himself. (ii) admittedly he has participated
in the crime and a tainted witness having a scant respect for the sanctity
141
143
144
2.
145
4.
R.C 64(A) of 1996 for the period from 1995-96 relates to Deoghar
Treasury
5.
6.
R.C No 68(A) 1996 for the period from 1992-93 relates to Chaibas
Treasury.
573. The Hon'ble Court while hearing the appeal found that
the facts of the case relates to illegal withdrawal from different treasuries
in fraudulent manner and accordingly in view of the direction of the
Hon'ble Court as also discussed in Criminal Appeal no 1009-1010 of
2001 arising out of SLP Criminal No 1981-1982 of 2001 brought by this
accused petitioner and others, separate case were to be lodged against
the accused treasury wise for separate financial year. Thus this part of
the argument placed by the learned defence counsel has got no legs to
stand.
574. It has been pointed out that wife and husband of PW209 are co-conspirators of in this case and PW-209 has himself admitted
that his son Rajesh opened two firms as J.P. Enterprises and S.K.
Enterprises in the name of his wife and his son at the advice of AHD
scam kingpin Dr. S.B. Sinha. It has been stated that the he is a tutored
witness of the CBI, stage-managed for implicating this accused and
other. It has been pointed out that the PW-199 Dr. Shashi Kumar Singh
is also a tainted witness and his evidence is not credit worthy. It has
been submitted that another approver Deepesh Chandak has also stated
in his evidence that Dr. Shashi Kumar Singh received crores of money
out of the scam, besides PW-199 has also admitted that he had been
146
147
148
11.11.1995,
21.08.1995,
22.08.1995,
13.11.1995,
AIR 1975, Supreme Court 1320 has been brought for admissibility
of approver's evidence. It has been stated that Where the chain of
the circumstantial evidence proved against the accused was not
explainable on any other hypothesis except that the accused was
guilty of murder, it was held that the circumstantial evidence
constituted
substantial
and
sufficient
corroboration
of
the
2002 (7) SCC 334 (F.B) has been brought on the point of
appreciation of the evidence regarding criminal-conspiracy. Their
Lordships have found that proof of conspiracy can be by direct
evidence, though the same is rarely available, or by circumstantial
evidence Circumstances proved before, during and after the
occurrence should be considered to decide complicity of the accused.
Their Lordships have taken notice that conspiracies are not
hatched in the open, by their nature, they are secretly planned,
privacy and secrecy are more characteristics of a conspiracy, than
of a loud discussion in an elevated place open to a public view.
Direct evidence in proof of a conspiracy is therefore seldom
149
4.
1974 S.C Cases SCC (Cri) 647 has been brought regarding
appreciation of evidence with regard to case under P.C Act.
150
pecuniary
advantages
in
return.
Similarly
the
accused
36
the accused
persons at all the level proves the agreement, meeting of mind and the
criminal conspiracy. It has been submitted that the prosecution has
proved its case through a consistent evidence and the chain of
circumstantial evidence has been established to prove the angle of
criminal-conspiracy, and due to this meeting of mind they had forgotten
the provisions of law, constitutional provisions, service-law and the
government failed to enquire into the matter of criminal negligence and
take drastic steps to prevent the ongoing loot. The prosecution has
proved meeting of minds and conspiracy among political executives,
bureaucrats, and AHD Officials of Bihar by a chain of circumstantial
evidence. Accused suppliers have been used as instruments to encash
the payment so released from the Treasury. The defence of PAC enquiry
and no action/no parallel enquiry by the government have also been
proved a hoax during trial of the case. Initiating certain enquiries,
making some queries here and there, and by getting the case registered
by the local police DDO wise, when it became almost impossible to justify
and suppress the fraud, proves the mala-fide intention of the Chief
Minister and nothing else. Had Sri Lalu Prasad been sincere at any stage
right from the year 1990 ,when he ordered for registration of a case SR
34/90, received information from A.G. Office regarding fraudulent
payment to the transporter by AHD Ranchi, meeting of Treasury Officers
on 07.06.1993 and enquiry about the withdrawal of Rs. 50.56 lacs by Dr.
B.N. Sharma, information regarding withdrawal of Rs. 50 lacs on the
basis of fake allotment orders by Dr. Sesh Muni Ram in the year 1994,
the matter could have been stopped at an early stage, instead of taking
an concrete step Sri Prasad kept on justifying the action and inaction of
the AHD Officials and other bureaucrats, and thereby aided and abetted
the
offence.
Similarly,
the
suggestions
37
and
recommendations
of
because
such
suggestion
and
recommendations
had
changed the course of action and therefore can safely be inferred as overt
act. The availing of hospitality and pecuniary gains by these politicians
and executives finally and decisively implicates them.
It has been submitted that the defence of bureaucrats
including Secretary, AHD, Finance Secretary and Chief Minister cannot
be accepted to have done everything in good faith only. The state cannot
afford to tolerate the plea of executives shifting blames on political
executives and vice-versa at the cost of six to seven hundred crores of
rupees and conspiracy can be safely presumed. False /and misleading
replies to the Legislative, scuttling any administrative or police enquiry
on the pretext of PAC enquiry, protection and promotion to accused
officials, are sufficient evidence to infer a case of conspiracy against the
political executives, politicians and bureaucrats, in addition to AHD
Officials and suppliers.
In view of the discussions above made all the accused
persons are found guilty and being convicted for the offence u/s 120B
IPC to be read with Sec 420,409,467,468,471,477A of the IPC and
Section 13(2) r/w Sec 13(1)(c)&(d) of the Prevention Of Corruption Act
1988.The
accused
persons
are
further
convicted
in
the
given
for
the
offence
u/s
420,,467,468,471
r/w
Sec
38
Special Judge IV
C.B.I(AHD Cases)
Date-30th Day of September
Special Judge IV
C.B.I (AHD case)
Later On 30.09.2013
In the given facts and circumstances and in view of the
discussions, the learned counsels for some of the accused persons
submitted before the court that their client needs a lenient view as they
are
saddled
with
lesser
charge,
they
39
40
41
Vidhya Sagar Nisad(A- u/s 120B I.P.C R.I of 3 years & fine of Rs.
16) Convicted for the 50,000/-.
offences u/s 120 (B) Sec. 13(2),P.C Act., R.I of 3 years & fine of
r/w Sec. 420, 409, Rs. 50,000/- Both the sentences will run
467,468, 471, 477A IPC concurrently. Total fine Rs. One lac. In
Sec. 13(2) of the P.C Act. default of payment S.I six months, in the
and Sec 13(2) PC Act
amount Rs 90 thousand will be realized as
compensation to the State
02.
Dhrub
Bhagat
Convicted
(A-21)
for
the 50,000/-.
offences u/s 120 (B) Sec. 13(2),P.C Act., 3 years & fine of Rs.
r/w Sec. 420, 409, 50,000/- Both the sentences will run
467,468, 471 477A IPC
concurrently. Total fine Rs. One lac, in the
Sec. 13(2) of the P.C Act amount Rs 90thousand will be realized as
and Sec 13(2)PC Act
03.
467,468, 471 and 477A fine of Rs. 40,000/IPC, Sec. 13(2) of the
Both the sentences will run concurrently.
P.C Act alongwith u/s
Total fine Rs. 50,000/- in the amount Rs.
420, 467, 468, 471 IPC
40
thousand
will
be
realized
as
compensation to the State. In default of
payment S.I six months.
04.
42
05.
Rajesh Verma
Convicted
for
offences u/s 120 (B) all other other IPC offences R.I of 3 years
r/w
Sec.
420,
06.
for
offences u/s 120 (B) all other IPC offences R.I of 3 years and fine
r/w
Sec.
420,
07.
K. Arumugum (A-56)
Dictated
Special Judge IV
C.B.I(AHD Cases)
Date-30th Day of September
Special Judge IV
C.B.I (AHD case)
43
Dated 03.10.2013
Heard the learned defence counsels as well as the Special
P.P. It has been submitted on behalf of all the accused persons that they
have undergone ordeals of the trial for long - long years. It has been
submitted that most of the accused persons are in the age group of more
than Seventies and they have been virtually drained out economically
also. The learned counsel of A-1 has submitted that the accused has
recently lost his only son and his daughter-in-law is in serious setback.
It has been argued on behalf of A-3, A-9, A-10 and A-27 that they are
seriously ill and counting their days only. It has been submitted that A27 has recently undergone an operation.
has submitted that the accused has got unblemished political career and
never lost election since 1977. It has been submitted that the accused is
aged about 63 years and a lenient view be taken for the accused. The
learned counsel for the A-14 has submitted that the accused is suffering
from several ailments and also that he is a law abiding citizen of India.
The learned counsel for A-15 has submitted that the accused has
recently been diagnosed with Papillary Urothelial Carcinoma and aged
about 70 years. The learned counsel for A-18 has submitted that the
accused has recently undergone an operation and after hearing
conviction in this case he has been hospitalized in the RIMS. The learned
defence counsel submits that this accused remained the Chief-Minister
of Bihar thrice and not a finger could be raised against his integrity. It
has been submitted that the accused is aged about 80 years. It has been
submitted on behalf of A-20 that the accused is suffering from several
ailments. The learned Senior defence counsel Sri Surender Singh has
submitted that this accused was Cabinet Rank Railway Minister and had
occasion to deal with money in thousands of crores but not even a
44
It has been
submitted on behalf of all the accused persons that they never tried to
protract the trial and they cooperated with expeditious disposal of the
case. The learned defence counsel for all the accused persons have
prayed for a lenient view in the case. The learned Special P.P has argued
for deterrent punishment. Accordingly I am passing the sentence order in
the following manner-
S.L.
No.
01.
Sentence
Act
alongwith
u/s
All
the
sentences
will
run
will
be
realized
as
03.
G.P
Act
alongwith
Tripathi
u/s
All
the
sentences
will
run
thousand
will
be
realized
as
Arjun
Sharma
All
the
sentences
will
run
will
be
realized
as
Silas
Tirkey
All
the
sentences
will
run
amount
thousand
Rs.
will
19
be
lacs
and
realized
90
as
K.M
Prasad
420, 409, 467,468, 471 Sec. 13(2),P.C Act., R.I of 5 years & fine
and 477A IPC Sec. 13(2) of of Rs. 50 lacs.
the P.C Act alongwith u/s A composite sentence for all other IPC
420, 467, 468, 471, 477A offences R.I of 5 years and fine of Rs. 50
IPC, and Sec. 13(2) of the lacs. All the sentences will run
P.C Act.
will
be
realized
as
will
be
realized
as
B.B
Prasad
All
the
sentences
will
run
will
be
realized
as
Beck
Julius
(A-12)
47
P.C
Act
Jagdish Sharma (A-13) u/s 120B I.P.C R.I of 4 years & fine of
Convicted for the offences Rs. 2.5 lacs.
u/s 120(B)r/w Sec. 420, Sec. 13(2),P.C Act., R.I of 4 years & fine
409, 467,468, 471 and of Rs. 2.5 lacs.
477A IPC Sec. 13(2) of the
P.C Act alongwith
Sec.
11.
P.C
Act
alongwith,
12.
Mahesh
Prasad
P.C
Act
alongwith,
13.
Convicted
for
offences u/s 120 (B), Sec. 13(2),P.C Act., R.I of 4 years & fine
r/w
Sec.
420,
409, of Rs. 1 lac.
48
IPC Sec. 13(2) of the P.C Total fine Rs. 2 lacs, in the amount Rs.
Act alongwith, Sec. 13(2) 1 lac and 90 thousand will be realized
of the P.C Act.
14.
Lalu
Prasad
(A-20)
P.C
Act
P.C
Act
P.C
Act
u/s 120 (B), r/w Sec. offences, R.I of 4 years & fine of Rs. 10
420, 409, 467,468, 471 lacs.
and 477A IPC Sec. 13(2) of
49
the P.C Act alongwith, u/s Total fine Rs. 15 lacs, in the amount Rs
420, 467, 468, 471 IPC
18.
420, 409, 467,468, 471 offences, R.I of 4 years & fine of Rs. 10
and 477A IPC Sec. 13(2) of lacs.
the P.C Act alongwith, u/s
420, 467, 468, 471 IPC
19.
u/s 120 (B), r/w Sec. offences, R.I of 4 years & fine of Rs. 15
420, 409, 467,468, 471 lacs.
and 477A IPC Sec. 13(2) of
420, 409, 467,468, 471 offences, R.I of 4 years & fine of Rs. 15
and 477A IPC Sec. 13(2) of lacs.
the P.C Act alongwith, u/s
420, 467, 468, 471 IPC
21.
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 2.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 5 lacs, in the amount Rs.
50
22.
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 2.5 lacs.
and 477A IPC Sec. 13(2) of
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 2.5 lacs.
and 477A IPC Sec. 13(2) of
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 2.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 5 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
4 lacs and 90 thousand will be realized
as compensation to the State In default
of payment S.I six months.
25.
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 10 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 20 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
19 lacs and 90 thousand will be realized
51
(A-
38)
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 10 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 20 lacs, in the amount Rs.
the P.C Act alongwith, u/s 19 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
27.
(A-
39)
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 5 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 15 lacs, in the amount Rs.
the P.C Act alongwith, u/s 14 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
28.
Harish Kumar
(A-41)
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 1.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 3 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
2 lacs and 90 thousand will be realized
as compensation to the State In default
of payment S.I six months..
29.
Rajan Mehta
(A-42)
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 1.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 3 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
2 lacs and 90 thousand will be realized
as compensation to the State In default
52
(A-
43)
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 2.5 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 5 lacs, in the amount Rs.
the P.C Act alongwith, u/s 4 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
31.
Dr.
Gauri
Prasad (A-44)
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 2.5 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 5 lacs, in the amount Rs.
the P.C Act alongwith, u/s 4 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
as compensation to the State In default
of payment S.I six months.
32.
Sanjay Sinha
(A-46)
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 1.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 3 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
2 lacs and 90 thousand will be realized
as compensation to the State In default
of payment S.I six months..
33.
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs.
420, 409, 467,468, 471
5 lacs
and 477A IPC Sec. 13(2) of Total fine Rs. 15 lacs, in the amount Rs.
the P.C Act alongwith, u/s 14 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
53
34.
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 2.5 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 5 lacs, in the amount Rs.
the P.C Act alongwith, u/s 4 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
35.
Sunil Gandhi
(A-52)
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 1.5 lacs.
and 477A IPC Sec. 13(2) of
the P.C Act alongwith, u/s Total fine Rs. 3 lacs, in the amount Rs.
420, 467, 468, 471 IPC.
2 lacs and 90 thousand will be realized
as compensation to the State In default
of payment S.I six months.
36.
u/s 120 (B), r/w Sec. R.I of 4 years & fine of Rs. 1.5 lacs.
420, 409, 467,468, 471
and 477A IPC Sec. 13(2) of Total fine Rs. 3 lacs, in the amount Rs.
the P.C Act alongwith, u/s 2 lacs and 90 thousand will be realized
420, 467, 468, 471 IPC.
37.
Mahender Prasad
(A-54)
420, 409, 467,468, 471 R.I of 4 years & fine of Rs. 1 lac.
and 477A IPC Sec. 13(2) of
54
Dictated
Special Judge IV
C.B.I(AHD Cases)
Date-3rd Day of October
Special Judge IV
C.B.I (AHD case)
56