Smt. Sarita Pandey And Another vs State Of U.P. And Another
2023 Latest Caselaw 6305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 7498 of 2023
 

 
Applicant :- Smt. Sarita Pandey And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dadhi Bal Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant and Sri Ratnendu Kumar Singh, the learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijai Patel and Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi.

3. In respect of sale of Mollasses, a controlled commodity, for the excise year 1996-97, a First Information Report was lodged on 21.04.1999 which was registered as Case Crime No. 461 of 1999, under Sections 420, 467, 468, 471, 218, 120-B and Section 11 of the Uttar Pradesh Control of Mollasses Act and Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad (now Prayagraj).

4. Number of writ petitions were filed challenging the said F.I.R. and the arrest of the accused petitioner(s), was stayed by several orders of this Court on the writ petitions. During the investigation, it was found that the Mollasses were sold to different units which were only on papers and did not exist on the ground. Therefore, another F.I.R. was lodged on 27.12.2001 for offences under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad. The second F.I.R. was mostly against the owners of the fake units who have allegedly obtained mollasses and diverted it into the black market. Despite, more than 10 years having been passed from the date of lodging of the F.I.R. and alleged offence which was committed in the excise year 1996-97, no departmental proceedings were ever initiated against any of the government officials who were allegedly involved in commission of the alleged offfence. The proceedings were finally dropped by the Government vide orders dated 05.02.2002 and 08.02.2002.

5. The investigation, however, with respect to the two F.I.Rs. continued and during the investigation, the names of the government officials including the officers of the government in Excise Department and District Udyog Kendra, came to light.

6. The Vigilance Unit of the police conducted investigation and on 11.02.2008 submitted its report in the case, finding involvement of the officials of the Excise Department and owners of fake unit to the Commissioner of Uttar Pradesh. Said report was forwarded to the State Government on 03.02.2008. After 11 years from the date of forwarding the said report of the Vigilance unit, the government granted sanction on 26.02.2020 for prosecution against the Excise officials. Several accused had filed anticipatory bail applications and writ petitions before this Court. The accused were granted protection by this Court. The learned Magistrate has taken cognizance on the police report and summoned the accused and other co-accused to face the trial.

7. The case of the present accused applicant is that he had a unit in the name of M/s. Kisan Fodder Industries which was registered with the District Udyog Kendra, Allahabad (now Prayagraj). Said unit of the accused petitioner was engaged in manufacturing and producing cattle food. The unit of the accused applicant was granted permission by the District Magistrate for purchase of twenty thousand quintal Molasses and this recommendation of the District Magistrate was signed by the General Manager, District Udyog Kendra, Allahabad (now Prayagraj) as well as the Excise Department.

8. Vide order dated 12.05.2000, the registration of the unit of the accused petitioner got cancelled, and the order for purchase allotment of molasses was also cancelled as the unit was closed w.e.f. 12.05.2000.

9. The petitioner's unit was constructed on Plot Nos. 17 and 18 having Shed Nos. 3 and 4 at the Udyong Kendra, Allahabad. It is said that though the accused applicant's unit had participated for consumption of 18614 quintal Mollases but it was sanctioned only 16000 quintal which was allotted to the unit.

10. Learned counsel for the accused petitioner submits that he used the said mollasses for the industrial purposes and did not divert it in the black market. He submits that the unit of the accused petitioner was a running unit and was not fake unit. Learned counsel for the accused petitioner has also placed reliance on a judgment rendered by this Court passed on 30.01.2023, in Application U/s 482 No. 18369 of 2021 [Upendra Singh Vs. State of U.P. and Another].

11. Learned A.G.A. does not dispute the fact that the case of the accused petitioner is almost identical or same to the case of Upendra Singh (supra).

12. The judgment dated 30.01.2023 rendered by this Court in the case of Upendra Singh (supra) reads as under:

"Heard Sri Murtuza Ali, learned counsel for the applicant and the learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed seeking quashing of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijay Kumar Patel & Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi.

The petitioner had a Unit for manufacturing of tobacco in the name of M/s Phaphamau Tobacco Industries. The said concern is registered with the District Udyog Kendra, Allahabad. In the year 1996-97, the Unit of the petitioner was allotted 7550 Quintal of Molasses. Out of this quantity, the petitioner could lift 1278.90 Quintals of Molasses and manufactured tobacco. Thereafter, he was not allotted Molasses, therefore, the said Unit, M/s Phaphamau Tobacco Industries was closed down.

The government instituted an inquiry in respect of diversion and misappropriation of Molasses allotted to the different manufacturing units in districts of Bulandshahr and Allahabad. The inquiry was conducted by one Sri R.P.S. Yadav, the Superintendent of Police in Business Department. He submitted a detailed inquiry report dated 11.02.2001. In respect of the concern of the petitioner i.e. M/s. Phaphamau Tobacco Industries, Phaphamau, Allahabad, it was said that in that place of that unit in the name of Choice Food was found. Neither any Plant or Machinery in respect of manufacturing of tobacco was found nor the petitioner could provide any documentary proof in respect of use of molasses given to him in the year 1996-97.

However, it was concluded that there was no government loss. The offence is allegedly committed in the year 1997-98. The inquiry which was constituted by the government for investigating the loss. The inquiry report would not point out any loss suffered by government. After twenty five years from the date of alleged offence when the government has not suffered any loss and there is no evidence found regarding diverting the molasses into black market by the petitioner, the continuation of proceedings would be an abuse of process of the Court.

Therefore, the present application is allowed. The proceedings in respect of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijay Kumar Patel & Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi, are hereby quashed."

13. Considering the aforesaid facts and submissions, the present application is allowed. The proceedings in respect of charge sheet dated 12.02.2021, summoning order dated 09.03.2021 as well as further proceedings of S.T. No. 448 of 2021, State Vs. Vijai Patel and Others, arising out of Case Crime No. 563 of 2001, under Sections 420, 467, 468, 120B I.P.C. and Section 11 of Uttar Pradesh Control of Mollasses Act & Section 13(1)D read with Section 13(2) of Prevention of Corruption Act, Police Station Colonelganj, District Allabahad, pending in the court of Additional Sessions Judge/Special Judge (Anti Corruption), Court No. 2 Varanasi, are hereby quashed.

Order Date :- 28.2.2023

Arun K. Singh