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Annexure 3 is a government notification dated october 10, 1986 wherein 5 types of fertilizers have been specified which could be purchased or manufactured in the State of Bihar. Annexure 4 is a certificate of registration dated March 31, 1986 in favour of the firm registering it as wholesale dealer in the State of Bihar under the Fertilizers (Control) Order, 1957. Annexure 5 dated July 29, 1986 is the renewal of the said certificate. Annexure 6 dated November 16, 1985 is the certificate given to the firm by the Assistant Director (Agriculture) quality control, Udaipur, Rajasthan to the effect that samples of fertilisers taken from its factory were standard. Annexure 7 dated August, 1986 is the letter from Agriculture Department, Bihar to the Agriculture Department, Rajasthan showing that the firm's registration was renewed upto March 31, 1989 and it was granted permission to import the specified grades of fertiliser into the State of Bihar. Annexure 11 dated October 23, 1986 is the letter from G.D.Mishra to Director, Agriculture, Bihar asking his opinion regarding suitability of the fertiliser to be purchased from the firm at Rs.2,550 per M.T. Annexure 15 dated December 19, 1986 is the letter from G.D. Mishra to the firm asking the firm to supply 408 M.T. of fertiliser. Annexure 16 dated May 5, 1987 contains the proceedings of the marketing committee of BISCO held on April 16, 1987 wherein memorandum of sale and purchase of fertiliser for the year 1986-87 was approved. Annexure 17 Dated February 18, 1985 is the letter from R.K. Singh as District Magistrate, Patna to Agriculture production Commissioner, Patna which discloses that R.K. Singh had got samples of Essential Commodities tested from Rajendra Agriculture University. Annexure 18 dated March 23, 1987 is the memorandum prepared by P.P. Sharma for the Board of Directors of BISCO suggesting that the fertiliser purchased from the firm be sent to BISCO factories asraw-material. This was suggested because the fertiliser was not being sold inspite of reduction of price and huge stock and money was blocked. Annexure 19 is the record of the proceedings of the meeting of Board of Directors of BISCO dated March 23, 1987 approving Managing Director's suggestion that fertiliser be sent to BISCO factories as raw material to be converted as `Sada Bahar'. Annexure 20 dated May 21, 1987 is the memorandum prepared by P.P. Sharma for Executive Committee of BISCO regarding manufacture of `Hara Bahar' fertiliser by the BISCO factories. Annexure 20/1 is copy of the proceedings of the Executive Committee meeting held on May 21, 1987 regarding manufacture of `Hara Bahar'. Annexure 22 is the document showing that P.P. Sharma handed over charge of the office of the Managing Director to Sanjay Srivastava on June 15, 1987. Annexure 22/1 is the document showing that P.P. Sharma assumed charge as Managing Director of BISCO on May 26, 1986. Annexure 24 dated October 13, 1987 is the letter by Mishra to the firm asking it to take back the sub- standard fertiliser from 8 depots mentioned therein. Annexure 25 is the letter dated May 15, 1987 from project Manager of BISCO factory to Mishra, wherein the proposal for consumption of fertiliser to manufacture `hara bahar' was detailed. It was also stated that the process of manufacture would be viable. Annexure 26 is a letter from the firm to the BISCO showing that the firm would help converting fertiliser into `hara bahar' and would meet the transport, handing and processing cost. Annexure 39 is the case diary prepared by the investigating officer.

Since my learned brother stated the facts in extenso, they bear no repetition. To focus on the questions stemmed from the findings of the High Court, I state only few facts thus:
The Bihar State Co-operative Marketing Union (for short `the BISCOMAUN') is the sole purchaser and distributor of fertilizers to the farmers in the State through its depots situated at different parts of the State. When the BISCOMAUN was at the brink of liquidation due to mismanagement, the State Government superseded its Board of Directors on July 30, 1988 and appointed R.K. Singh, I.A.S. as its Administrator and Managing director. During the course of the discharge of his duties, he noted financial irregularities committed by P.P. Sharma, the then Managing Director (the first respondent), Ganesh Dutt Misra, the then ADvisor (the second respondent) and Tapeshwar Singh, the then Chairman of BISCOMAUN and laid the information before the Station House Officer, Gandhi Maidan Police Station, Patna on September 1, 1988, shorn of the details the substratum of the accusations made against them is that they conspired with the Rajasthan multi Fertilizers Private Limited (for short `the Company') through its partners named therein to cause wrongful gain to the Company and wrongful loss to the BISCOMAUN and the farmers to purchase substandard fertilizers by name `Suraj' brand. In furtherance thereof the Chairman received applications directly from the Company and without routing through the official channel and without inviting tenders from open market, the contract was finalised. The prevailing retail price of `Suraj' brand of the Company itself was Rs.2,000 per M.T., but contracted to purchase at Rs.2,509.60 per M.T. In terms of the contract the Company has to supply granulated mixed fertilizers with full bags, which would be subjected to chemical analysis in the laboratory either of the BISCOMAUN or the State of Central Government. If the fertilizers were found to be of substandard, the same were to be taken return of at the Company's expenses. On test if fertilizers were found to be standard one, payment was to be made at a specified rate within 30 days. Sharma placed orders with the Company to supply 2500 M.Ts. of fertilizers. Fertilizers' Inspectors were to have the fertilizers tested in terms of the Fertilizers Control Order, Instead, the agent of the Company had taken the Fertilizers for chemical examination in Rajendra Agricultural University, Bihar. The report said to have been given by Dr. S.N. Jha, Associate Professor of Soil Science of the University, was fabricated by one S.N. Sahoo, Assistant in the department who is one of the accused; payments were made in undue haste and further order to supply of 450 M.Ts. was made by G.D. Mishra. Only 459 M.Ts in total was sold out. When the reports were being received from depots that the fertilizers supplied were substandard and spurious and the bags do not contain the full weight, instead of returning the stock, a resolution was obtained from the Managing Committee to convert unsold old stock as HARBAHAR. When a specific request for conversion of the stock supplied by the Company for conversion as HARBAHAR was turned out by the Managing Committee, yet the resolution was fraudulently used to destroy the evidence of supply of substandard and spurious fertilizers and converted into Harbahar and fabricated the records in furtherance thereof. These in substance are the accusations punishable under ss. 409, 420, 467, 468 and 471 read with s. 120B of the Indian Penal Code and s. 7 of the Essential Commodities Act and the Fertilizer Control Order.