- (1.) The State of Punjab has filed this application under Section 378 (3) Cr.P.C., seeking leave to file an appeal against judgment dated 4.1.2012, acquitting respondent Nos.1 to 6 of the charge framed against them. The respondents were sent to face trial for commission of offences under Sections 409, 420, 467, 468, 471, 120 IPC read with Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. One Gurdip Singh was also arrayed as an accused, however, he died during pendency of trial and his name was struck off from array of the parties.
(2.) The trial Court has noted the following facts regarding case of the prosecution:- "that on 18.8.2001, Superintendent of Police, Vigilance Bureau, received a credible information in his office of Vigilance Bureau of Ferozepur range that embezzlement has been committed in the paddy bags stored at Inder Rice Mill, Bariwala for custom milling belonging to Markfed department of Muktsar. That the Markfed department Muktsar stored 50345 bags of paddy for custom milling for the year 1998-99 in the Inder Rice Mill, Bariwala, District Muktsar. That the rice of 21486 quintals 74 kilograms was to be returned after dehusking 50345 bags of paddy supplied to the above rice sheller by the Markfed Muktsar. That the rice mill supplied the rice of the paddy bags of 35959 till 7.6.1999 to the Marfed department and the paddy bags of 14386 were still outstanding to the Markfed department from the rice sheller in question. That the paddy bags of 6180, which were equivalent to 3070 bags of rice, were found stored in the above rice sheller at Bariwala. That there were 1374 bags of paddy in shortage which were stored in the above rice sheller at Bariwala for custom milling by the Markfed department of Muktsar for the year 1998-99. That according to the official rates of paddy, the value of 1374 bags of paddy was Rs.,4,46,550/-. That the department of Markfed of Muktsar also stored the paddy bags of 61366 in the rice sheller in question for the year 1997-98 for custom milling. That the rice of the paddy bags of 53643 was supplied to F.C.I.'s credit by the rice sheller in question after custom milling thereof. That there were 7723 bags of paddy, which were outstanding from the rice sheller in question to the Markfed department. That 2518 bags of rice were found present in the rice sheller in question pertaining to the year 1997-98, which were equivalent to 5604 bags of paddy. That there were 2119 paddy bags in shortage in the rice mill in question, which were of the value of Rs.6,47,354/- as per the official rates for the year 1997-98. That the proprietors of rice sheller in question were responsible for this shortage of rice, which were stored in the rice sheller for custom milling, who were Gurcharan Dass and Ajay Kataria. That Karnail Singh Sidhu, District Manager, Gurdip Singh field officer department of Markfed Muktsar were responsible for this embezzlement of the paddy bags stored for custom milling in the above rice sheller owned by Gurcharan Dass Kataria and Ajay Kataria. That the proprietor of Inder Rice Mill took this rice sheller on rent for custom milling from his son Ajay Kataria in the papers and the paddy was stored in the rice sheller for custom milling for the year 1997-98. That K.C. Kajal, District Food controller, changed the name of rice sheller from Kataria rice sheller to Inder Rice Mill with regard to storage of paddy of 1998-99 in connivance with Karnail Singh Sidhu District Manager, Markfed, Muktsar. That Gurcharan Dass and Ajay Kumar Kataria, the proprietors of the rice sheller in conspiracy with Karnail Singh Sidhu, District Manager, Markfed, Gurdip Singh Field Officer, K.C. Kajal, District Food Controller, Muktsar had committed the offence of misappropriation of paddy bags by forging the documents. That ruqa was sent by Superintendent of Police, Vigilance Bureau, Hardial Singh Mann through constable Balbir Singh No.673 to police station Vigilance Bureau, Ferozepur range, whereupon MHC Harinder Singh recorded the FIR of this case."
(3.) The investigating officer recorded statements of the witnesses. Physical verification of the stored paddy was also conducted on 7.6.1999. Shortage was found at the time of above exercise. After investigation, it was noted that 8615 bags of paddy (5783.77 quintals) were found to have been misappropriated by the proprietors of the rice mills, in connivance with the employees of the Markfed. The investigating officer recorded statements of the witnesses and took into his possession record and other offending material against recovery memos. Final report was put in Court for trial. Copies of the documents were supplied to the accused as per norms. The case was committed to the competent Court for trial. The accused was charge sheeted to which they pleaded not guilty and claimed trial.;