Early Times Report
Srinagar, Aug 2: The J&K High Court on Thursday rejected a plea against registration of FIR by Central Bureau of Investigation in misappropriation of rice and wheat stocks at PEG (Private Entrepreneur Guarantee) store Baramulla worth Rs 14.72 crore.
While rejecting the petition filed under section 561 CrPc, a bench of Justice M K Hanjura said that matter appears to be serious in nature and the mandate of law justifies that it should be investigated into its entirety without aborting it midway.
The petitioners had sought directions from the court in quashing the FIR (123/2017 A003 dated 26.09.2017), registered against them at Police Station CBI, ACB, Srinagar, on a written complaint on September 19, 2017 of Sundeep Singh, Chief General Manager (Vigilance), Food Corporation of India (FCI), Zonal Office (North), Noida U.P.
The complaint was addressed to the Head of Branch CBI ACB Srinagar, which was received by him on September 25, 2017. It is stated in the complaint that 130 trucks were missing during the reconciliation from the records at the Lower Munda (Qazigund) which have been shown to have been acknowledged and also in the reconciliation statements.
On cross checking the genuineness of the stamp affixed on the challans of these 130 trucks with the specimen copy of stamps obtained from Lower Munda (Qazigund), it was found that fake stamps were affixed on these challans.
As per the FCI's complaint, it appears that stocks were misappropriated by the transport contractor M/S Gagan Traders and M/S Walia Goods & Transport, both from Punjab in connivance and collusion with the FCI staff, the state government officials and the owner of PEG Baramulla, between the dispatching depot of Bhogpur and Kartarpur, under FCI District Office Jalandhar and Lower Munda Check Post.
The complaint further stated that since various parties, FCI employees as well as state machinery appear to be involved in the criminal misappropriation of FCI stocks and forgery of documents, therefore, it requested the CBI to take up the investigation of the matter and to proceed against the culprits under the appropriate provisions of criminal law.
On the receipt of this complaint, a regular case was registered under Section 120 B, 420, 467, 468, 471 RPC and 5 (1) (C) r/w 5 (2) of J&K PC Act against the suspect persons and the investigation of the case was entrusted to Sheikh Firdous, Inspector of Police.
The petitioners had challenged the FIR, inter alia, on the grounds that they are proprietors of the sole proprietorship concern against whom the FIR has been registered by the CBI. The proprietorships concerns are not legal entities or juridical persons against whom prosecution can be launched, they said. "The proprietorship is doli incapax (deemed incapable of forming the intent to commit a crime or tort) and thus can neither be prosecuted nor punished under any statute.
The inference that can be drawn from the allegations contained in the FIR is that the alleged commission of the breach of trust and misappropriation has taken place beyond the territorial jurisdiction of State of Jammu and Kashmir, that is, in the State of Punjab. Such offences have no territorial nexus vis-à-vis the penal offences provided under Ranbir Penal Code and their prosecution cannot be countenanced within the State of J&K."
Therefore, they said, neither the Central Bureau of Investigation has the jurisdiction to investigate the offences nor can these offences be tried within the territorial jurisdiction of the State of J&K. The CBI resisted and controverted the petition, inter alia, on the grounds that the case has been registered by the CBI based on the complaint received from FCI, alleging that the investigation of the matter by a committee of FCI's Officers and the investigation report submitted indicates the misappropriation of 130 trucks of rice and wheat stocks weighing at least 26,047.00 quintals valued at over Rs. 14 crores.
As per the complaint, the stocks of rice and wheat have been misappropriated by the transport contractors (M/s Gagan Traders and M/s Walia Goods), in connivance and collusion with the FCI staff, the state government officials and PEG Baramulla, between the dispatching depot of Bhogpur and Kartarpur, under FCI District Office Jalandhar and Lower Munda Check Post.
The CBI said that the matter needed to be thoroughly investigated, in order to unearth the larger conspiracy amongst the accused petitioner, FCI officials and others. |
