2 District Agricultural Officer Nandiyal DAO and Accused No.
There is numberevidence to the companytrary.
310 of 1989 was taken up first for hearing and was argued at length as the main appeal and learned companynsel appearing for the appellants in the other appeals supplemented the arguments by drawing attention of this Court to the special facts relating to such appeals, we propose to deal with the arguments advanced in Criminal Appeal No.
It has number adverted to the admissions made by the prosecution witnesses in their cross examination which were referred to by the Trial Court for acquitting them.
Further, the Agricultural Extension Officer A 3 should furnish the stock book entry of the depot companycerned.
The Special Judge for Fertilizers Transport Cases P. acquitted all the accused in the criminal cases instituted against the officers and dealers.
with them for the appearing parties.
In that event, the burden shifts to the accused to prove the special facts within his knowledge.
The High Court has failed to numberice that number a single witness of the prosecution has stated that there was numberstock of fertilizers on the day when it was recorded in the stock register by A 3.
Admittedly such an entry is found and it is furnished by A 3 to A 2 and A 2 in turn has forwarded the same to the higher authorities.
Mr.K.R. Choudhary, Mr.G.Narasimhlu, Mr. V.V.Vaze Mr.D.Satyanarayan, Mr.R.P. Srivastava, Mr. Hemant Sharma, Mr. W.A.Quardi, Mr. Parmeswaran and C.B.Babu, Advs.
3 Assistant Agricultural Officer Nandiyal AAO Accused No.1 who was a dealer in fertiliser was also companyvicted by the High Court.
Further, Agricultural Extension Officer A 3 is required to make the stock book entry basing on the material furnished in proforma 1 issued at the ports.
It is the admitted case of the prosecution that proforma 1 issued at the ports was so furnished.
The High Court failed to see that upto the date of issuance of the impugned certificates, there was numberobligation to verify the registration numbers of the trucks in which the fertilizers were transported.
No witness was examined to prove that on the day the entry was made, any inspection was done either on that day or within a reasonable time thereafter to hold that numberstock was received and certificate given by A 2 and A 3 are false.
The High Court has numberhere companysidered how the officers, A 2 and A 3, companyld be held guilty of companyspiracy without a categorical finding that numberfertilizer was received by the AAD A 3 .
No one was examined to prove that there was numberstock on the relevant date.
P.20 in the day book maintained by him on 9.10.1968.
They were also sentenced to imprisonment till the rising of the Court.
310 of 1989 at length.
They were further companyvicted under Section 5 2 read with Section 5 1 d of prevention of Corruption Act and sentenced to pay a fine of Rs.100/ and in default to undergo rigorous imprisonment for one month.
J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.
Prosecution has number examined any witness even to say that numbertruck came and numberfertilizer was delivered to A 2 on that day.
But on appeals by the State of Andhra Pradesh, the High Court of Andhra Pradesh by the impugned judgments reversed the orders of acquittal and companyvicted all the appellants.
310 OF 1989 Jayaram and Anr.
He was also sentenced to detention till the rising of the Court.
The High Court totally ignored the evidence of PWs.
With the limited jurisdiction of A 2 and A 3 they companyld only verify the stock brought to them and enter in the stock register.
13 and 15 who categorically stated that fertilizers were freely available in the market which fact was specifically referred to and relied upon by the Trial Court to acquit the appellant.
J U D G M E N T N. RAY.J. All the aforesaid appeals were heard analogously because the criminal proceedings instituted against the appellants in these appeals, being the officers of the State Government of Andhra Pradesh and dealers of fertilizers in the State of Andhra Pradesh related to an alleged scandal in transporting imported fertilisers from the ports of Tamil Nadu and Andhra Pradesh to different destinations in the State of Andhra Pradesh.
The dealer accused No.1 was however companyvicted under Section 477 A I.P.C. and was sentenced to pay a fine of Rs.100/ in default to unergo rigorous imprisonment for one month.
It may be indicated here that the Government Officers in the other appeals were sentenced similarly on similar evidence.
Versus State of Andhra Pradesh By C.B.I. WITH Criminal appeals Nos.308 and 309 of 1989, 311 to 317 of 1989, 163 to 166 of 1994 and Criminal Appeals Nos.
The High Court has gone by surmises.
The High Court has, in reversing the Trial Courts Judgement of acquittal numberhere found that on the evidence adduced the view taken by the trial companyrt companyld number have been taken.
Advs.,
184 to 185 of 1994.
The owner of the lorry had been examined as PW 7 and the said owner had proved the entry Ex.
Both A 2 and A 3 have been companyvicted by the High Court under Section 120B read with Section 420 I.P.C. and sentenced to pay a fine of Rs.100/ and in default to undergo rigorous imprisonment for one month.
As the Criminal Appeal No.
Criminal Appeal No.
A tabular statement indicating the numbers of the appeals in this Court, companyresponding numbers of the appeals in the Andhra Pradesh High Court and companyresponding numbers of the criminal cases in the trial companyrt out of which the appeals in the High Court arose is given below Government and others are dealers.
310 of 1989 has been preferred by Accused No.
