1995 (5) TMI 293

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.... 1. Delay condoned. 2. Special leave granted. 3. On a First Information Report lodged by the Director, Food & Supplies, Jammu, a case under Sections 120-B, 467 and 409 IPC and Section 5(2) of the Prevention of Corruption Act was registered against the two respondents herein, who at the material time were the Tehsil Supply Officers of Ramban, one Nijamuddin, a Store Keeper, and two transpor....

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.... 4. On perusal of the record we find that one of the circumstances on which the prosecution sought to rely to prove its case against the two respondents was that they did not perform their mandatory duties of monthly inspection of the stores of the Food & Supplies Department and checking of the daily remittances of the sale proceeds to the Treasury. According to the prosecution this omission on....

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....ndents. 5. In our considered view, the learned Courts below erred in basing their respective orders on the above findings. The question whether the respondents omitted to do their mandatory duties for months together designedly or negligently can be inferred only on an over all view of all the materials collected during investigation and not in isolation as has been done by the learned Courts b....