STATE OF ASSAM Vs. NIRANJAN GHOSH
LAWS(GAU)-1994-11-5
HIGH COURT OF GAUHATI
Decided on November 29,1994

STATE OF ASSAM Appellant
VERSUS
NIRANJAN GHOSH Respondents




JUDGEMENT

- (1.)Both the criminal revisions No. 263/94 and criminal revision No. 336/94 have been preferred by the State of Assam and Mc. Niranjan Ghosh against the judgment and order dated 17-5-94 passed in Special Case No. 7(A)/94 (ACB PS Case No. 22/89) by the Special Judge, Assam and for quashing the proceedings in Special Case No. 7(A)/94 (ACB PS Case No. 22/89) pending in the Court of the Special Judge, Assam, Gauhati.
(2.)Both the revision petitions have been taken together for disposal as both involve same question for decision and both have arisen from the same impugned judgment and order.
(3.)The prosecution story in the case was that the Government of Assam by order No. EDB-271/87/159 dated 30-11-88 directed the State Co-operative Marketing Consumers Federation Ltd. (referred as STATFED), Assam to procure 1.8 lack tonnes of levy free rice. The executive committee of Statfed fixed up modalities for supply of rice by different suppliers. Accordingly by an order dated 26-12-88 M/s Imperial Trading of Guwahati was asked to supply one rack of rice and this order was subsequently modified by order dated 1-3-89. But M/s. Imperial Trading by a registered power of attorney empowered to supply rice of their order to M/s. Suresh Kumar and Co who in turn entered into an agreement with M/s. Baboo Ram Jagadish Kr and Co of Punjab and on this agreement this company loaded/consigned rice in train and submitted a bill claiming 85% of payment of the order along with the sample of loaded rice. The quality control of the 'Statfed' on analysis of the said sample found the rice inferior to the laid down specification with 6% excess in permissible broken percentage. That in spite of defect in the quality under required specification the accused Mr. Niranjan Ghosh, the then Managing Director of Statfed, being satisfied passed order for payment of Rs. 78.37 lacks to said M/s. Baboo Ram Jagadish Kr. and Co. The rice which was received by the Statfed from the Railway consignment was not according to the sample produced. After an enquiry FIR was filed to the Officer in charge, ACB, Guwahati implicating the accused Mr. Niranjan Ghosh.


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