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2021 Supreme(Ori) 230

SASHIKANTA MISHRA
Pramod Kumar Swain – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
M/s. R.K. Bose, D. Das and D.K. Mohapatra, Advocates, M/s. Minati Mishra, S. Mishra, and T. Mishra, Advocates, M/s. Debasis Das, and D.K. Mohapatra, Advocates, for the Appellant; Mr. Sangram Das Addl. Standing Counsel (Vigilance), Mr. P.K. Pani, Mr. Niranjan Maharana, Addl. Standing Counsel (Vigilance), for the Respondent.

JUDGMENT

Sashikanta Mishra, J. - All these cases have arisen out of Balasore Vigilance P.S. Case No. 21 of 2002 and involve the same facts and questions of law. As such, all the three were heard together and are being disposed of by this common judgment.

FACTS

2. On 09.05.2002, the DSP, Vigilance, Balasore, lodged FIR before the Superintendent of Police, Vigilance, Balasore alleging that during physical verification of stock in the godown of Nilgiri Block by a team of vigilance officers it was found that Sri P.K. Swain, the Marketing Inspector of Nilgiri Block (petitioner in CRLREV No. 1453 of 2010 and CRLMC No. 1606 of 2021) has misappropriated Q.441.89 Kg of levy sugar and about 70 quintals of PDS rice meant for distribution to the BPL beneficiaries of Nilgiri Block by black marketing the same in open market and by manipulating the books of accounts. The said FIR was registered as Balasore Vigilance P.S. Case No. 21 of 2002 corresponding to VGR Case No. 21 of 2002 (T.R.No. 27 of 2010) of the Court of learned CJM, Balasore for the alleged commission of offence under Sections 409/468 of IPC. Upon detailed investigation, it was found that even though the quantity of sugar and PDS rice

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