B.B. Mangalmurti, J. - (1.) Heard learned counsel for the parties.
(2.) It is submitted on behalf of the petitioner that the order dated 16.08.2018 passed by Special Judge, A.C.B., Dhanbad by which application for discharge was dismissed without any consideration of the fact that this petitioner was nowhere connected for the payment of labour charges under the MGNREGA system. He further submitted that system of payment to labourers are online and payments are made directly by credit in the accounts of the beneficiaries. At the relevant time this petitioner was Panchayat Sachiv but the payments under the MGNREGA system are made on the basis of the Measurement Book which is prepared by the Junior Engineer. He also submitted that the seizure-list was prepared without presence of any independent witnesses, as the witnesses of the seizure-list are from the raiding team.
(3.) Mr. Verma, learned counsel appearing on behalf of the A.C.B. submitted that the matter relates to demand of illegal amount to release the payment for which complain was made before the Superintendent of Police, A.C.B., Dhanbad which was verified by a Police Inspector of the Department who submitted his report finding the illegal demand true, thereafter the case was lodged and a trap team was constituted. Pre-trap memorandum of G.C. notes were also prepared and the team caught this petitioner red handed and the tainted amount was recovered from the possession of this petitioner. Thereafter, hands of the petitioner were washed in the solution of sodium carbonate and the said solution turns into pink which was also kept as exhibit of this case. Post-trap memorandum was also prepared. He further submitted that the court has also found incriminating materials available against the petitioner in the case-diary which is sufficient for framing of charge.;