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| Court acquits 2 store-keepers in misappropriation of food grains case | | | EARLY TIMES REPORT
Jammu, Sept 21 : Principal Sessions Judge Udhampur AK Koul acquitted Bankey Ram of Battal Ballian, Udhampur the then storekeeper CAPD, Udhampur and Jarmez Singh from alleged misappropriation of food grains as prosecution failed to prove its case. During the investigation of case FIR NO.27/07 the accused in that case made certain revelations that store keepers of Consumer Affairs and Public Distribution (CAPD) Udhampur have made some false remittances regarding sale of flour and wheat, in the name of PW Shambo Nath Dealer of Sale Centre Ladda No.1, when the said dealer had not lifted any ration nor had he made any remittances. The accused in case FIR NO 27/07 submitted a list of false remittances purportedly made by store keepers to police with regard to issuance of ration to dealer Shambo Nath, who confirmed that he did not lift any ration nor had he signed any remittance.
Upon receiving this information the investigating officer registered a separate case, seized the record and collected the evidence necessary to confirm the version of informant (accused in case FIR NO.27/07). Investigation revealed that from July 2005 to December 2006 accused in this case was posted as a storekeeper of Food Store Udhampur. The remittances made by him during his tenure were got verified and it came to the fore that accused had issued excess quota of flour BPL 314 Qtls, flour BPL 123.40 Qtls, during the month July/August 2005 in favour of Dealer Shambo Nath wrongly and he had also prepared false remittances. The fact was that dealer had never lifted any ration nor had he deposited any amount in the Government Treasury. Vide treasury voucher No.58/4008-A dated 29.8.05 where under cost of 45 Qtls., Flour BPL, valuing Rs.23.130/- has been deposited in the treasury and permit NO.20/A-16 dated: 29.8.05 bears the fake signatures of TSO Udhampur. In this way accused has allegedly misappropriated the excess ration consignment valuing Rs.5, 74,790/- on the basis of false/fabricated treasury remittances.
The Court after hearing Public Prosecutor Navneet Gupta for the state and advocate Pawan Kumar Jandial for the accused observed that the statement of investigating officer alone would not suffice to hold accused guilty. "It appears that it is the investigating officer who is responsible for all this mess. He has interconnected three cases but while doing so he appears to have lost the track and result is that there are so many doubtful patches in the case which make the entire prosecution story doubtful and the accused cannot be convicted on the basis of doubtful stories and conjectures. Suspicions however grave do not take the place of proof," he said.
"The prosecution appears to have failed in connecting the accused with the commission of the crime. Resultantly the case fails and dismissed the case for want of proof and acquitted both the accused," the judge ordered. (JNF) |
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