DEEPAK GUPTA, J.

This revision is directed against the judgment dated 23.12.2005 passed by learned Additional Chief Judicial Magistrate, Amritsar, whereby the respondents- accused have been acquitted in a case arising out of FIR No.220 dated 11.06.1992 registered at Police Station Sadar Amritsar, under Section 406 IPC.

2. FIR was lodged on the complaint of District Manager, Food Corporation of India, Amritsar, as per which during the month of January, 1991, 6614 bags weighing 4286 quintals of paddy crop belonging to FCI was stored in the mill premises of M/s Free India Rice Mills, Sangrana Sahib owned by the accused, for the purpose of getting the same milled into rice. Agreement dated 27.12.1990 was executed containing terms and conditions of contract for milling. After taking into account 2% driage allowance, the miller was required to deliver the resultant rice to the FCI which should have been in the ratio of 69% of the quantity of the paddy. It was alleged that accused misappropriated 1657 bags i.e. 1055 quintals 50 kg and 942 grams of paddy belonging to the FCI and, thus, committed offence under Section 406 IPC.

3. Investigation was carried out. Challan was filed. Accused were c