1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2867 OF 2009 Shivaji Sahebrao Deshmukh Versus State of Maharashtra *** CRIMINAL APPLICATION NO.: 2868 OF 2009 Abhiman Chhanu Patil Versus State of Maharashtra *** Mr. Sandesh R. Patil, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel in respective applications and also the learned A.P.P. 2. Since facts in both the matter being identical in its nature, except the difference in registration of the crime number, by consent both the matters are heard together and disposed of together. 3. The applicants are the cotton grader appointed on contract basis for procuring/ purchasing cotton under the scheme of the Government through the cotton federation. 4. The several purchases of cotton effected by the applicants herein are noticed to be not in tune with the standard which was indicated to the accused/ applicants, who are experienced in the field. Though 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. it was canvassed that the applicants faced political pressure at the site from the local M.L.A., however, the applicants asserts that they have successfully achieved the expected target of purchase in quality. 5. It is contended the percentage of moisture in purchase of cotton was within the parameters as indicated and the scheme itself permits 8% of moisture. According to the counsel, the increase in the moisture is on different condition viz. change of weather and non-lifting of the cotton in time. According to the counsel, there is no malice on the part of the accused/ applicants in the transactions. 6. The federation had in-depth inquiry in the matter through out Maharashtra and the highest officials informed the local officers to conduct inquiry in the purchase of the cotton under the scheme of Government of Maharashtra procuring cotton through the federation. There was a moisture reader provided to the accused/ applicants. It was expected that the Applicants should act in tune with the standard provided and particularly when they have claimed, they are expertise in the field. Absorbing them, after the retirement, by the federation, indicate the they had past experience. They have misused their past experience for personal 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. gain, causing loss to the federation to the hopping sum of Rs.14 Lakhs and Rs.37 Lakhs respectively. It is not that the federation deliberately kept the procured cotton in open space and without any cover. Equal responsibility also is cast on the applicants as they are In-charge of the unit where the ginning factory is conducted. The cotton is required to be protected by covering with tarpaulin. The appointment on a contract basis for the period of 2008-09 by itself will not obliterate effect of liability that will be shared at the shoulders of the applicants. 7. During the course of submissions, I have inquired with learned counsel for the applicants, for the accused applicant, considering the damages and loss suffered by the federation, whether the individual applicants have desire to remit certain amounts with the federation, without prejudice to their rights, on instructions, counsel informs the accused/ applicants are in service. They do not possess such huge amount to shell out and consequently, the counsel are helpless. 8. Taking survey of the facts, role of the applicants is under clouds with the dubious activity the purchase has been effected. In the situation, in- depth inquiry will unearth the network and also bring 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. to the record the culprits associated with the activity. Consequently, the bail applications rejected. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:01/09/2009. ans/2867