EARLY TIMES REPORT
JAMMU, Aug 27 (JNF): A Division Bench of J&K High Court comprising Justice Ali Mohammad Magrey and Justice Sanjay Dhar dismissed the petition challenging the quashment of FIR in misappropriation of 633.14 quintals of rice.
On 08.06.2020, Police Station, Crime Branch, Kashmir, registered FIR bearing No.07/2020 for offences under Section 420, 409, 120-B IPC read with Section 13 of Prevention of Corruption Act, 1988. As per contents of the FIR, a complaint was received by Crime Branch, Kashmir, from Directorate of Food, Civil Supplies & Consumer Affairs, wherein it was alleged that inputs indicating misappropriation of food grains (rice) from the granaries of Hygam and Baramulla (Centre D) have been received. Upon receipt of this complaint, a Joint Surprise Check was conducted by the sleuths of Crime Branch, Kashmir, as a consequence whereof, it was revealed that seven trucks loaded with rice were shown to have been dispatched from Private Enterprise Godown (PEG), Baramulla, under the supervision of officers/officials of Food Corporation of India through Tehsil Supply Officer (TSO), PEG, Baramulla, FCS&CA. It was further revealed that these truckloads of rice were shown to have been received by TSO, Hygam Granary, Baramulla, by issuing separate challans in acknowledgement from various sale centres as mentioned in the FIR. It was also revealed that the receipt of the dispatched truck loads had been denied by the Sale Centres and even the relevant records of Accounts Section of Directorate of FCS & CA, Kashmir did not substantiate the receipt of these truck loads. Upon preliminary questioning of one of the truck drivers, it was revealed that these truckloads of food grains were never dispatched from PEG, Baramulla, and dispatches were shown only on papers without any physical transaction. The joint surprise check also revealed that the fake challans were actually obtained by the appellant herein, who happened to be the Assistant Storekeeper, Palhallan Pattan, from one Siraj-ud-din Bhat, TSO, PEG, Baramulla. It is also alleged in the FIR that the appellant herein subsequently managed the challans in respect of trucks mentioned in the FIR from TSO, Hygam, Mohammad Hussain Bhat S/o Abdul Rahim Bhat R/o Kitchoo, Handwara.
Division Bench observed that as per the FIR, the aforesaid officers/officials have after hatching a criminal conspiracy with each other and also with the employees of FCI, Baramulla, misappropriated 633.14 quintals of rice thereby causing pecuniary loss of Rs 9,49,710 to the State exchequer. Accordingly, offences under Section 420/409/120-B IPC read with Section 13 of the Prevention of Corruption Act are stated to have been disclosed against the above named persons.
With these observations, Division Bench does not find any infirmity or illegality in the impugned judgment passed by the Single Judge. The appeal, being without any merit, is dismissed along with connected CM. JNF
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