The responsibility of the petitioner was established based on the guidelines and inspection notes, and prima facie offenses were found against the petitioner.

JUDGMENT

Arvind Singh Sangwan J. - Prayer in this petition is for quashing of FIR No.RCHG2006A0001 dated 07.01.2006 (Annexure P1) registered at Police Station CBI, ACB, Chandigarh under Sections 120-B read with Section 420 of the Indian Penal Code (in short 'IPC'), 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, Sections 16/19 of the Prevention of Food Adulteration Act, 1954 qua the petitioner and all other subsequent proceedings arising therefrom including the final report dated 28.11.2008 (Annexure P2), order dated 06.04.2013 vide which charges were framed (Annexure P4) as well as the charge-sheet dated 22.04.2013 (Annexure P5).

2. The petitioner was posted as Area Manager/'District Manager' at the relevant time, when the raid was conducted by the CBI, followed by the prosecution of the petitioner and other accused persons.

3. Learned senior counsel for the petitioner has argued that the CBI, ACB, Chandigarh, on the basis of a source information conducted a joint operation with Food Corporation of India (in short 'FCI') officials by way of surprise check at FCI godown at Bathinda and Ferozepur, Districts of Punjab and collected Rice sample, which were got analyzed by the Central Grain Analysis Laboratory, ICAR, Krishi Bhawan, New Delhi. As per the report, 11 samples from Guniana Centre were found Below Rejection Limit (BRL) and 09 samples were found beyond PFA limit i.e. not fit for human consumption. Similar was the situation for the samples collected at FCI, Jalalabad and therefore, the impugned FIR was registered on the allegation that the FCI officials in connivance with the Rice Millers, who were named in the FIR, have accepted poor quality of Rice as 'Grade A' Rice and have caused huge financial loss to the Public Exchequer and has played fraud with the State. It is also stated by CBI that in the investigation the FCI officials in furtherance of the criminal conspiracy with the Rice Millers had consciously accepted sub-standard Rice at FCI, Guniana and FCI, Jalalabad, by making fake entry in the record, showing the Rice to be of a uniform specification and on completion of the investigation, 02 charge-sheets were filed, one for Guniana Centre and the second for Jalalabad Centre.

4. Learned senior counsel for the petitioner has submitted that the Food Corporation of India was established in the year 1964 under an Act of Parliament for watching the interest of the farmers and consumers with a guarantee that their produce will be purchased by the FCI or the State agencies that the Minimum Support Price (MSP), if the private traders do not come forward to purchase the same on MSP. The FCI has its network of godowns in the country for storing the food grains and on account of shortage of space, the food grains are also stored in the godowns of Punjab State Warehousing Corporation (PSWC) as well as the godowns of other State agencies.

5. Learned senior counsel for the petitioner has further submitted that FCI delivers the Rice stocks to the millers/State agencies for milling the same and handing back to FCI for supply to the consumers and for that purpose, the FCI has employed technical staff including the quality control checking staff. It is also submitted that the Rice/stocks, which is delivered to the millers of the State agencies for milling purpose is inspected by the technical assistance of Category III post and for the acceptance of the Rice stock with the specification provided by the FCI, 'Assistant Manager (Quality Control)' now designated as 'Manager (Quality Control)' are posted in each and every godowns of FCI to test or check the quality of the stocks on the basis of day-to-day report of technical assistance. An officer of the rank of 'Deputy Manager (Quality Control)' is posted at District level, which is now designated as 'Assistant General Manager (Quality Control)' and the administrative work over the godowns is looked after by an 'Area Manager', earlier designated as 'District Manag