B.B. Mangalmurti, J. - (1.) Several cases arises out of Vigilance Police Case of the year 1995 for which separate vigilance cases were lodged for mass scale irregularities committed in purchase/supply of insecticides in different divisions of Forest Department causing loss to the State Government.
(2.) The prosecution story in aforementioned cases are common. As per F.I.R., member of Zila Parishad, Panchaiti Raj Samiti of Bihar Vidhan Sabha during an enquiry held that between the period 1988-89 to the year 1990-91 on the basis of non-existing company as well as on the basis of forged documents and bills submitted showing supply of Alderin dust 5% and Aldrex-30EC to the Department of Forest. The case was lodged under Sections 420, 467, 468, 471, 409, 201, 109 and 120B of the Indian Penal Code read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 by the Department of Vigilance. The committee of Bihar Vidhan Sabha found that non-existing firm being M/s Allied Agro Chemical Industries, Deoghar had supplied Alderin dust 5% and Aldrex-30EC insecticides during the relevant year 1988-89, 1989-90 and 1990-91 to the Department of Forest and Environment, Government of Bihar in 11 Divisions to the tune of Rs.22,48,093.14 Paise (Rupees Twenty two lacs forty eight thousand ninety three and paise fourteen). The committee could not find proprietor of these fake firms who had received payments, so recommended for lodging of case to the State Government for taking action. In this context, Secretary, Department of Forest, Government of Bihar by annexing the said report of Bihar Vidhan Sabha Samiti requested the Vigilance Investigation Bureau for lodging case. Accordingly, several Vigilance P.S. Cases were lodged including Vigilance P.S. Case No.60 of 1995 lodged under Sections 420, 467, 468, 471, 409, 201, 109 and 120B of the Indian Penal Code read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. After lodgment of the case, preliminary enquiry was made by the Vigilance Bureau in different division and it came to their knowledge that these scam were not only going on in those 11 Divisions rather it was being committed in other Forest Division also. The facts appeared during the investigation by Vigilance Bureau that so called suppliers in conspiracy with the officials of Forest and Environment Department, who were posted in different Forest Division by conspiring and misusing official position, caused misappropriation of several crores of rupees by showing fake purchases and supplies of insecticides by the proprietors of these fake firms causing loss to the Department of Forest, Government of Bihar. (i) Mohan Lal Murarka and his son Arun Kumar Murarka, resident of A.P. Colony, Gaya, were proprietor of so called firm "Krishi Vikash Bhandar, Manpur, Gaya, Gramin Vikash Kendra, Sadar Bazar, Chaibasa and Allied Chemical Industries, Barmasia, Deoghar. (ii) M/s Vijay Kumar Agarwal,, Rajendra Prasad Agarwal and Nawal Kishore Agarwal, all sons of Daulat Ram Agarwal, resident of Sheoganj, Harmu Road were proprietors of Bhumi Viksh Kendra, Ratu Road, Ranchi. (iii) Madho Lal Agarwal and his son Manoj Kumar Agarwal and Rajesh Kumar Agarwal resident of Arya Samaj Road, Daltonganj, were said to be proprietor of M/s Vasundhara, Katchari Road, Daltonganj, Ranchi. M/s Chittal Enterprises, Arya Samaj Road, Daltonganj, Garhwa and M/s Kheti-Bari, Indira Gandhi Road, Garhwa. (iv) Ashok Kumar Gadodia, Vishwanath Kumar Gadodia, Vijay Kumar Gadodia, Vimal Kumar Gadodia, and Om Prakash Gadodia, all sons of Hulal Chandra Gadodia resident of Mohalla Bakri Bazar, Gari Khana Road, Ranchi were running firm as Neo Plastic and Chemical Agency, Upper Bazar, Ranchi. These fake firms were being utilized by their owners for submission of bidding and were showing supply of insecticides worth crores of rupees to the different Forest Divisions for which separate vigilance cases were being lodged.
(3.) The further case is that when the Government decided in the year 1991 that the purchases of insecticides will not be from the local firms then aforesaid fake companies/suppliers closed their firms as well as closed their bank accounts, therefore, it is apparent that all these firms were fake firms without any existence and were mainly dependent on the fake supply of insecticides to the Department of Forest.;