FIR No. R.C. 6/99 dated 28-9-1999 under Section 409, IPC was registered at Vigilance Police Station, Sikkim against the accused/petitioner on the basis of a complaint dated 28-9-1999 lodged by Smt. Jayshree Pradhan, IAS, Commissioner-cum-Secretary, Food & Civil Supplies Department, Government of Sikkim.

2. On completion of investigation and sanction being granted vide Sanction Order dated 25-7-2000 (Exbt. P-53) by (the complainant) Smt. Jayshree Pradhan, IAS, Commissioner-cum-Secretary, Food & Civil Supplies Department, Government of Sikkim, a charge-sheet for offence under Section 409, IPC was filed with the Chief Judicial Magistrate, East & North District at Gangtok registered as Crl. Case No. 177/2000.

3. The allegations against the accused/petitioner were misappropriated of sale proceeds of rice and sugar from the Food Godown at Pakyong, where the accused was posted as Assistant Sub-Inspector, In-charge, Food Godown. The total misappropriatws amount was worked out to Rs. 31,17,479.84. The trial Court framed the charge against the accused on 29-01-2001. The accused pleaded not guilty and he was put to trial.

4. The prosecution examined as many as 22 witnesses including the Inv