The main legal point established is the need for a Special Investigation Team to monitor and supervise cases of misappropriation, and the importance of completing investigations within a specified time frame.

CHAKRADHARI SHARAN SINGH, J.

1. Heard learned counsel for the parties. There are at least 1202 criminal cases pending throughout the State of Bihar in its every District, having common features, all based on allegation of large scale bungling and misappropriation of public property in the matter of procurement of paddy and supply of Customized Milled Rice (CMR).

2. Considering the enormity and magnitude of public money involved, which is said to have been misappropriated and bungled, while hearing this application, I intended to consider possibility of constituting a Special Investigating Team at the State level for more focused and concerted investigation into all the cases.

3. The allegations made in all these First Information Reports are almost identical and show involvement of the personnel of Bihar State Food & Civil Supplies Corporation, State Government Officials/Personnel, Rice Mill Owners and other persons connected in the said transactions. This Court had noticed that despite the fact that the allegations in all such cases were identical in nature, the cases are being investigated by the concerned Police Officers on case to case basis. Being of the view that misappropriation of this magnitude involving more than one thousand crores (nearly 1500 crores) in one financial year could not have taken place simultaneously, through different transactions, throughout the State of Bihar, without there being a larger conspiracy at some higher level, by order, dated 8.2.2017, I had observed that investigation into all the cases should be monitored under the guidance of the Additional Director General, Criminal Investigation Department, Bihar, Mr. Binay Kumar. In the said order, dated 8.2.2017, the Additional Director General, C.I.D. was asked to report to this Court to suggest a tentative team, which he would like to constitute for carrying out the exercise of monitoring all investigations in all such cases, so that it could be convenient for the Court to pass appropriate order constituting Special Investigation Team for the said limited purpose.

4. In compliance with the said order, dated 15.2.2017, Mr. Binay Kumar, Additional Director General, C.I.D., Bihar has filed a detailed affidavit. From the said affidavit it is evident that out of said 1202 cases at least 9 involve misappropriation of Government property worth more Rs. 8 crores; 18, between 8 crores to five crores; 55, between 5 crores to 3 crores; 261, between 3 crores to 1 crore and 854, one crore and below. It also appears from the said affidavit that at least 9 cases are being investigated by Economic Office Unit of the State of Bihar.

5. It also appears that in compliance with the order of this Court, dated 17.2.2017, the Additional Director General, C.I.D., Bihar, had sought present status of investigations relating to Rice Millers from the Senior Superintendents of Police/Superintendents of Police of different Police Districts of Bihar, on the basis of which a consolidated District-wise report has been prepared and has also been brought on record. It has further been mentioned in the affidavit that Additional Director General, C.I.D., Bihar, examined the First Information Reports and supervision notes and other evidences collected in course of investigation so far, with the help of DIG(C) C.I.D., S.P.(C) and Dy. S.P.-Cum-in-charge Rice Mill cases and found certain common features pertaining to investigations in all such cases, barring certain exceptions, of the following nature:--

"i. The whole process of procurement of paddy is document based and without the availability of requisite documents, it becomes difficult to take decision. During the course of review of cases it has come to light that the Civil Authorities related to procurement and milling processes are not facilitating production of original records/documents related to procurement, transportation, and details and name and addresses of the farmers to whom payments were made by cheques. The Investig