Punjab-Haryana High Court
R.S.Sirohi vs C.B.I on 8 July, 2013
Author: Sabina
Bench: Sabina
CRR No.2073 of 2013 (O&M) 1
In the High Court of Punjab and Haryana at Chandigarh
CRR No.2073 of 2013 (O&M)
Date of decision: 8.7.2013
R.S.Sirohi
......Petitioners
Versus
C.B.I.
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.A.K.Walia, Advocate,
for the petitioner.
****
SABINA, J.
This petition has been filed by the petitioner under Section 401 of the Code of Criminal Procedure, 1973 for quashing of order dated 6.4.2013 framing charges against the petitioner under Sections 120-B, 420 of the Indian Penal Code, 1860 (IPC for short) and Section 13(2) read with 13(1) (d)of the Prevention of Corruption Act, 1988 (for short 'the Act') .
Prosecution story, in brief, is that an information was received by the Central Bureau of Investigation (CBI for short) that during kharif season 2004-05, sub standard rice consignment had been accepted by the officials of Food Corporation of India (FCI for short) in Punjab region from various rice millers, although payment had been made for Grade 'A' rice. Officials of the rank of CRR No.2073 of 2013 (O&M) 2 Technical Assistants to Senior Regional Manager, Punjab region reportedly connived with several rice millers for accepting poor quality of rice. Joint surprise checking was conducted at FCI Centrers Sangrur, Malerkotla, Dhanaula and Sunam in association with senior FCI officials. 52 rice samples from FCI centers, Sangrur, 68 rice samples from FCI centers, Malerkotla, 30 rice samples from FCI centers,Dhanaula, 40 rice samples each from FCI centers, Tapa and Sunam were taken in the presence of independent witnesses. Samples were sent for analysis and mainly it was opined by the expert that the said samples were not in uniform specifications laid down by the Government of India (FCI) for Grade 'A' rice. Only four samples sent from FCI Centre Sangrur were found within specifications. Thus, huge loss had been caused to the Public Exchequer. Rather some of the millers had supplied rice, which was not even fit for human consumption.
After thorough investigation of the case challan was presented against the accused.
Learned counsel for the petitioner has submitted that a perusal of the chargesheet reveals that loss to the tune of ` 4,37,00,000/- had been caused by the accused. However, as per Annexure P-6, rice had been sold for ` 5,00,00,000/-.
In the present case, the allegations levelled against the petitioner are serious in nature. Petitioner as well as other officials of the FCI had accepted poor quality rice from the rice millers and had made bills with regard to purchase of Grade 'A' rice and had, thus, caused huge loss to the FCI. The fact, as to whether any loss had CRR No.2073 of 2013 (O&M) 3 been actually suffered by the FCI or not would be seen during the course of trial as the petitioner can establish the said fact during trial. However this Court, while exercising jurisdiction under Section 482 Cr.P.C. cannot go into the said matter.
In the facts and circumstances of the present case, it would not be just and expedient to scuttle the criminal proceedings at the very threshold. Petitioner would be at liberty to take up all the pleas available to him during trial.
Accordingly, this petition is dismissed.
(SABINA) JUDGE July 08, 2013 anita