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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos. 527-28 of 1990 From the Judgment and Order dated 5.4.1990 of the Patna High Court in Crl. W.J.C. Nos. 90 and 228 of 1989.

WITH CRIMINAL APPEAL NOS. 523-248, 525-26/90 Kapil Sibal, Additional Solicitor General, P.P. Rao, P.K. Shahi, Mrs. Vimla Sinha, Yunus Malli, Vikash Singh and L.R. Singh for the Appellants.

Dr. Shankar Ghose R.K. Jain, Rakesh K. Khanna, Surya Kant, Rajan Mahapatra, Mrs. Sangeeta Tripathi Mandal, Ms. Abha Sharma, Dr. S. Jha and R.P. Gupta for the Respondents.

"FIRST INFORMATION REPORT"

BIHAR STATE COOPERATIVE MARKETING UNION LTD. BISCOMAUN BHAWAN, WEST GANDHI MAIDAN, PATNA-800001 Ref. No. AD/c-70 1.9.1988 The Officer Incharge, Patna Kotwali P.S. BISCOMAUN is an institution in the Cooperation Sector and one of its main business activities is to purchase fertilisers and to sell it through its depots to the farmers of the State. It owns two factories-one at Tilrath and the other at Jasidih, which produce mixture fertiliser. It is marketed in the brand name of "HARABAHAR".

Tapeshwar Singh filed Criminal Miscellaneous Petition in the High Court on February 17, 1989. the High Court stayed further proceedings in the court of Special Judge, patna. P.P.Sharma filed writ petition 90 of 1989 in Patna High Court on March 17, 1989 praying for quashing of the First Information Report and the police-reports. The high Court admitted the writ petition on March 31, 1989 and stayed further proceedings in the Court below. On July 6, 1989 P.P.Sharma withdrew writ petition 289 of 1988. G.D.Mishra field writ petition 228 of 1989 on August 23, 1989 which was ordered to be heard with writ petition 90 of 1989. Tapeshwar Singh withdrew writ petition 289 of 1989.

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.