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, on the basis of the order of the Regional Manager, Food Corporation of India, Patna, but, Nagendra Prasad Lal abstain himself from the Depot with effect from 1979 and did not cooperate in conducting the enquiry and, ultimately, verification report submitted, which reveals that 300 quintals and odd were found in excess of the balance shown in the stock ledger. The modus operandi of the accused persons was to record short wheat than the actual weight at the time of receipt of the wheat bags though the grain bags received as per the RR and delivery book revealed that the accused, Abhimanyu Prasad Sinha and Nagendra Prasad Lal recorded shortage and had shown shortage of 1987.94 quintals in the godown record, in between December, 1977, to April, 1978, but, on physical verification the available stock was or wheat found excess by 300 quintals approximately, hence, it reveals that there was shortage of 1687 quintals wheat having been disposed off by the accused persons in black market and misappropriate the sale proceed. The, further, case that three trucks of wheat for destination to Barahat Godown taken out from Panna Mill Godown in presence of Sone Lal Ram, but, Ramlal after collecting the gate pass did not hand it over to Gate Clerk, but, handed over the same to accused Nagendra Prasad Lal when the gate pass was required to be given to Vijendra Kumar for making entry in the main gate register.

7. The, further, case of the prosecution that on the receipt of bag, in the godown, the bag required to be weighed and if the weight of the gram is bag found less by more than 500 grams, then, entire grains required to be weighed, but, contrary to direction was used to be recorded to the tune of more than 500 gms per bag, but, the same was never transmitted nor the entire grains, received, were Patna High Court CR. APP (SJ) No.181 of 1995 dt.24-12-2014 weighed to mark the total weight in contradiction to the rules as the loss in weight has been shown to the tune of four per cent and, subsequently, on complaint the enquiry was made and the report was submitted finding that the modus operandi was to show shortage per bag more than 500 gms whereas stock verification shows 300 quintals of wheat in excess and shortage shown to be 1987 quintals and odd and the incident, dated 11.04.1978, was the mode of passing the excess is illustrative of the manner in which the accused persons used to dispose off wheat by forging and falsify the godown paper, hence, on the basis of written report of the Regional Manager, Food Corporation of India, Patna, it was investigated and after completion of the investigation and on receipt of the sanction for prosecution, charge sheet submitted on 08.07.1980 and trial commenced after cognizance.

16) which was written and signed by Nagendra Prasad Lal. At the back of said gate pass there was signature of the consignee. P.W. 41 when asked the gate pass of four trucks from Nagendra Prasad Lal, then, Nagendra Prasad Lal said to make entry regarding two trucks only. Nagendra Prasad Lal also asked for the gate pass provided by Patna High Court CR. APP (SJ) No.181 of 1995 dt.24-12-2014 Kishundeo Singh (exhibit 16), but, he did not hand over to him and then, P.W. 41 reported the matter to the Deputy Regional Manager and the District Manager of the Food Corporation of India and handed over the gate pass provided by Kishundeo Singh (exhibit 16) and he also did not make entry in the gate register with regard to four trucks for which the gate pass was not provided and, thereafter, instruction was made, as per the direction of the Regional Manager, and physical verification was started, but, the appellants did not take participation and proceeded on leave and 300.19.500 quintals of wheat found in excess in the stock and it was found that such excess quantity found at the time of physical verification itself indicating about the serious offence for this quantity unless the book of account was manipulated. It was also found that there was total shortage of 1987 quintals of wheat and if the excess is detected, then, still the shortage is to the tune of 1687 quintals. It was also found that there is conspiracy that dishonest and fraudulent disposal of the wheat has been done clandestinely as two sets of gate pass was being used by the appellants. The gate pass no. 727 and wheat check book memo no. 221 was in use and the gate pass numbers were 72623 and 72627 were issued in respect of truck, bearing registrations no. BRJ 3811 and BRI 3669, but, the wheat loaded on the other three trucks were misappropriate by selling the same in black market and for which another gate pass check book no. 247 and another wheat check book memo no. 448 issued and only one gate pass was issued for three trucks bearing no. 24626 (exhibit 16), which has been written and signed by accused, Nagendra Prasad Lal, but, the gate pass check memo no. 247 and wheat check memo no. 448 was not produced by the accused and exhibit 16, the gate pass, issued by another set of gate pass book with signature of Sone Lal Ram indicates their implication Patna High Court CR. APP (SJ) No.181 of 1995 dt.24-12-2014 and being in agreement with Nagendra Prasad Lal and Abhimanyu Prasad Sinha.

16. The trial Court, taking into consideration the evidence of the witnesses, both, oral and documentary, found that the appellants were in conspiracy and in agreement with each other.

17. The learned counsel for the appellant, Nagendra Prasad Lal, did not appear to mark any submission in the Court. However, he has filed a written argument raising some of the points that the shortage of 1687-74500 quintals of wheat is not by actual weighing, but, based on exhibits 12 and 12/1 and the original record register has not been produced and has been stated that the shortage may be the outcome of the transit loss and while showing the excess of 300 quintals and odd wheat has wrongly been calculated as average weight and illegal disposal of the wheat has not been established and there is no shortage of wheat. It has, further, been contended that the excess in wheat may be due to the fact that the wheat absorbs moisture.