Delhi District Court
Cbi vs . D.Mukherjee Etc. on 3 March, 2008
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CBI VS. D.MUKHERJEE ETC.
IN THE COURT OF SH. KANWALJEET ARORA:
ADDL.CHIEF METROPOLITAN MAGISTRATE: DELHI
CBI VS. D.MUKHERJEE ETC.
Date of Institution of the case: 01.02.1974
Date on which arguments were heard: 03.03.2008
Date of Judgment : 03.03.2008
JUDGMENT
a) Sl. no. of the case : RC-9/73
b) Date of commission of offence: 04.08.1973
c) Name of the complainant : CBI
d) Name of the accused : 1) D.Mukherjee S/o Krishan Kumar Mukherjee, R/o Flat I-G, Dev Ashish Peddar Road, Bombay.
(Proceedings qua accused No.1 abated)
2) Rasiklal Chaturbhuj Modi S/o Chatrabhuj Modi, Partner, M/s. Modi Chemicals, 93/95, Kazi Syed Street, Sugar House, Bombay.
3) Sanktha Prasad Rai S/o Devi Prasad Rai, Chairman, Mumbay Industrial Material & Fertilizer, Cahakari Kharedi Vikri Society, 179, Samual Street, Bombay.
4) Rasik Bhai Nagardas Batodra S/o Nagardas, Partner, M/s. Noble Chemicals, 125/127, Kazi Syed Street Bombay.
5)Damodar Walji Bhadra @ Babu Bhai S/o Walji Bhadra, Prop. Bhavesh Chemicals & Fertilizers Co., 179, Samuel Street, Bombay.
6) Jasubhai Jagjiwandas Shah S/o Jagjiwandas, No.5, Shanta Bhavan, Jawahar Nagar, -2- CBI VS. D.MUKHERJEE ETC.
Jawahar Nagar, Ghatkopar, Bombay.
(Proceedings qua accused No.6 abated)
7) Hansraj Bhagwandas Gandhi S/o Bhagwandas Fertiliser Broker, 81, Khand Bazar, Bombay.
8)Wadilal Juthalal Jobalia @ Wadi Bhai, Cashier cum Accountant, M/s. Modi Chemicals, 93/95, Kazi Syed Street, Sugar House, Bombay.
9)Gian Chand Luthra S/o Ramchand Prop. Agricultural Traders, 1002/1003, Sector 22-B, Chandigarh.
(Proclaimed Offender)
10)Darshan Lal Luthra S/o Ram Chand, Sales Executive, M/s. Agricultural Traders, 1002/1003, Sector-22B Chandigarh.
(Proclaimed Offender)
11) Suresh chand Sharma S/o Yagdutt Sharma, Managing Director, Punjab Agro Chemicals Sales Corporation, R/o 264, Sector 21-A, Chandigarh.
e) Offence complained : u/s 120-B IPC, 420 and 471 IPC, r/w 120 B IPC f) Plea of accused : Pleaded not guilty. g) Final Order : Accused No.2,3,4,5,7,8 & 11 are Acquitted h) Date of such order : 03.03.2008
i)Brief statement and reasons for the decision of the Case:-
RC-9/73 was registered on 04.08.1973 by CIU Branch of CBI . After registration of the case, it was investigated and on conclusion of investigations, the present charge sheet was submitted in the court for trial of eleven accused persons. It was alleged in the charge sheet u/s 173 -3- CBI VS. D.MUKHERJEE ETC.
Cr.P.C. submitted by the CBI that in the later part of 1972 and early part of 1973, a conspiracy was hatched by the accused persons amongst themselves to cheat the farmers and fertilizer dealers in Punjab. It was alleged that in 70s Di Ammonium Phosphate which was used as fertilizers was not available in the open market and the same used to be imported by Food Corporation of India from Czheoslovokia, Bulgaria and Poland. Food Corporation of India thereafter use to allocate Di Ammonium Phosphate (hereinafter referred to as DAP) to various dealers who in turn use to distribute/sell the same to the fertilizer dealers and from them, it use to reach farmers/retail consumers. It was alleged that D.Mukherjee was working with Food Corporation of India and he alongwith other accused persons hatched a conspiracy whereby the accused persons had procured sub standard fertilizers from Vidharbha Cooperative Marketing Society Limited, Amrawati and repacked the said sub standard fertilizers/mud in fresh gunny bags with marks of Food Corporation of India and the endorsement that the same is imported from Czechecoslovakia or Bulgaria or from Poland. Accused persons thereafter disposed off these sub standard fertilizers in the name of selling the actual DAP to the fertilizer dealers in Punjab and to the farmers thereby cheating them. It was alleged that in the process, accused persons had shown letters purported to have been issued to them by the Food Corporation of India allocating them the supply of imported DAP.
2. Accused persons were summoned. During the pendency of the -4- CBI VS. D.MUKHERJEE ETC.
proceedings, accused Gian Chand and Darshan Lal absented themselves and on conclusion of proclamation proceedings, they were declared Proclaimed Offenders. Accused D.Mukherjee and Jassu Bhai Jagjeewan Dass expired during the course of trial and proceedings qua them were abated.
3. Copies of the challan were supplied to the other accused persons. Ld. Predecessor of this court finding a prima facie case for the offence punishable u/s 120-B IPC, 420 and 471 IPC, r/w 120 B IPC framed the requisite charge against accused Rasik Lal, Sankata Parsad, Rasik Bhai Nagar Dass, Damodar Walji, Hans Raj Bhagwan Dass Gandhi, Wadi Lal and Suresh Sharma to which these accused persons pleaded not guilty.
4. CBI was thereafter called upon to substantiate its case by examining its witnesses. To do so, sufficient number of opportunities were granted to the CBI . Availing the given opportunities, CBI had examined only three of its witnesses. Prosecution evidence was thereafter closed.
5. Finding incriminating evidence only against accused Suresh Chand Sharma, his statement was recorded u/s 313 Cr.P.C. in which he denied the prosecution evidence against him and stated that the material was actually supplied to a trader in Ludhiana by Gian Chand and Darshan Lal who are Proclaimed Offenders. He did not wish to lead any evidence in his defence.
6. Finding no incriminating evidence against the other accused, -5- CBI VS. D.MUKHERJEE ETC.
their statements u/s 313 Cr.P.C. were dispensed with.
7. I have heard the arguments advanced and have perused and considered the prosecution evidence on record.
8. Perusal of the same reveals that one Hasmukh Virchand Shah appeared as PW 1. He during the course of his deposition, did not utter any incriminating evidence against any of the accused persons. He deposed that he knew Mohender Kumar who was dealing in fertilizers business and at the request of Mohinder Kumar, he introduced him for opening an account in the name of his firm with Bank of Baroda.
9. PW 2 Shri Purshottam Kumar appeared and stated that his father had purchased some DAP fertilizers from Gian Chand against the bill Ex.PW. 2/1 and Ex.PW. 2/2 and the said fertilizer was disposed off by them by selling it to the farmers.
10. PW 3 Shri Satish Thapar appeared and stated that in 70s, he was dealing in fertilizers. He deposed that accused Suresh Chand Sharma had brought Gian Chand and Darshan Lal to him who had shown a letter issued in favour of their firm by Food Corporation of India on the basis of which he placed an order for supply of DAP which was supplied to him under the name of the firm of Suresh Chand Sharma and he had made the payment against the said supply. He deposed that the sample from the said supply of DAP was lifted by officials of the Agricultural Department and on testing the same, it was found to be of sub standard quality. In his cross examination, he admitted the fact that the said supply was made to -6- CBI VS. D.MUKHERJEE ETC.
him by Gian Chand. Only the bills were issued by accused Suresh Chand Sharma who in turn had made the payment against this supply to Gian Chand.
11. Apart from the above mentioned evidence, no evidence whatsoever was brought on record by CBI either orally or in the documentary form.
12. Considering the fact that evidence brought on record during the course of trial falls short of proving the necessary ingredients of the offence with which the accused persons have been charged, I have no other option but to acquit the accused persons who are facing trial. The prosecution has failed to prove any nexus of any sort between the accused persons facing trial amongst themselves or with the accused against whom the proceedings have already been abated. It has not come on record that the accused persons had misrepresented any fertilizer dealer or the farmer and had infact supplied the sub standard fertilizers against the agreed supply of the imported DAP. It has not been established on record by the prosecution that the accused persons facing trial had either forged the letter purportedly issued by Food Corporation of India or had used the same to misrepresent the fertilizer dealers or the farmers.
13. Having regard to these facts and circumstances, accused Rasik Lal, Sankata Parsad, Rasik Bhai Nagar Dass, Damodar Walji, Hans Raj Bhagwan Dass Gandhi, Wadi Lal and Suresh Sharma are acquitted of the charges and are set at liberty. Their bail bonds are cancelled and sureties -7- CBI VS. D.MUKHERJEE ETC.
are discharged.
14. Before parting with this Judgment, it is pertinent to mention that prosecution evidence which has already come on record, shall be read as evidence u/s 299 Cr.P.C. qua accused Gian Chand and Darshan Lal who are proclaimed offenders.
15. File be consigned to Record Room with an option to CBI to have the same revived as and when accused Gian Chand and Darshan Lal are arrested and are brought before the court. Announced in open court (KANWALJEET ARORA) Dated: 03.03.2008 Addl. Chief Metropolitan Magistrate DELHI.
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