JUDGMENT :

Sugato Majumdar, J.:

1. The instant appeal is directed against Judgment dated 30.08.2012 and Order of conviction dated 31.08.2012 passed by the Judge Special (CBI) Court, Siliguri, Darjeeling in Special C.B.I Case No. 29 of 2012 whereby the Appellants were convicted under Section 420/468/120B of the Indian Penal Code and read with Section 13 (1) (d) and 13 (2) of Prevention of Corruption Act, 1988.

2. The Spices Board, Ministry of Commerce, Government of India, introduced a scheme in the State of Sikkim as well as in the district of Darjeeling, West Bengal for providing financial assistance for construction of cardamom curing house for individual cardamom growers (200 kgs capacity). According to this scheme planters who were willing to avail of subsidy under the scheme had to construct curing house in accordance with the standard approved by the Cardamom Board. The latter was to provide financial assistance in the form of subsidy for construction of such curing house. Applications for subsidy were to be submitted to the concerned Assistant Director under whose jurisdiction the plantation was situated. The Assistant Director after conducting spot inspection, may forward the application to the Deputy Director with his own recommendations and remarks. The Deputy Director may also conduct spot inspections, if necessary and accord sanction in eligible cases with the concurrence of the Director.

3. The Appellant No. 1 was Extension Assistance in the office of the Assistant Director, Spices Board, Kalimpong. He was in charge of the said office from 19.06.1990 to 13.09.1990 and also from 10.12.1990 to 25.02.1991. At the relevant point of time the Appellant No. 2 was in the same office as Extension Assistant.

4. The genesis of this case is the written complaint dated 12.08.1993 lodged by N. Dasgupta being Inspector of Police, CBI/Siliguri Sub Unit. It was alleged in the written complaint that the Appellants conspired together between 19.06.1990 to 13.09.1990 as well as from 10.12.1990 onwards and dishonestly cheated the department to the tune of Rs.12,000/- which was property of the department. The Appellants conspired together to show that the amount of Rs.12,000/- was disbursed to one Tikaram Sharma of Dubling Busty, Kalimpong – II by cheque no. 814606 dated 16.10.1990 as subsidy for construction of curing house for cardamom plantation. In order to achieve this end, the Appellant No. 1 issued false certificate dated 12.09.1990 and the Appellant No. 2 issued false inspection report dated 12.09.1990. The signature of Tikaram Sharma was forged and the amount was misappropriated.

5. The written complaint was registered as R.C. Case No. 43 of 1993 – Calcutta dated 12.08.1993 against the Appellants. Mr. R. Debnath was entrusted with investigating into the case. In course of investigation, he examined witnesses and recorded their statements, seized relevant documents, obtained specimen signatures and handwriting, got the signatures and handwriting examined by Government examiner of questioned documents, obtained sanction order for prosecution and finally submitted charge sheet.

6. Charges were framed under Section 120B/420/468 of the Indian Penal Code and under Section 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 charges were read over and explained to the Appellants to which they pleaded not guilty. Thereafter the trial followed.

7. The prosecution examined twelve witnesses and produced various documents marked as Exhibit 1 to 23 respectively.

8. The defense of the Appellants as appears from the trend of cross-examination and from reply to the examination under Section 313 of the Code of Criminal Procedure is denial of allegations and plea of false implication.

9. The Trial Court in terms of the impugned Judgment convicted the Appellants and imposed sentence subsequently, as stated above.

10. On being aggrieved and dissatisfied the instant is preferred.

11. On behalf of the Appellants, it is argued by Mr. Anand Bhandari t