THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
2 Agrhayan, 1941(S)
Ranchi, Monday, 23rd December, 2019
HOME, PRISON AND DISASTER MANAGEMENT DEPARTMENT
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ORDER
17 December, 2019
No. 10/CBI-607/2019- 6707 -- Whereas altogether 9 Public Interest Litigation
Petitions were moved to Hon’ble Patna High Court with the prayer to entrustment of these
cases, popularly known as “Fodder Scam Cases of Bihar” to CBI. Hon’ble Patna High Court
vide its order dated 11.03.1996 granted the relief prayed for and directed the Director, CBI
to take up the investigation. Aggrieved by this order of Hon’ble Patna High Court the State
Government of Bihar moved Civil Appeal No.5177 of 1996 and 5178-83 of 1996 in the
Hon’ble Supreme Court. The Hon’ble Supreme Court vide its order dated 19.03.1996 upheld
the order of Hon’ble Patna High Court. As per the direction of Hon’ble Supreme Court, CBI
took up the investigation of 41 cases already registered by the State Police. Subsequently 23
cases were registered on the basis of SIRs and complaints received later which is inclusive
of 13 DA Cases registered against the public servants involved in scam cases in compliance
with the direction of The Hon’ble Monitoring Bench of Patna High Court.
2.
And whereas consequent upon bifurcation of the state in the year 2000, 53 out of 60
charge sheeted cases were transferred to the 07 (seven) Special Courts of Ranchi for trial
under the orders passed by the Hon’ble Supreme Court of India in the year 2001 and
remaining 07 cases remained under trial in the Special Court at Patna.
3.
And whereas out of 53 Cases under trial at Ranchi, 51 Cases have since been disposed
of from trial and all ended in conviction and trial of remaining 02 Cases are at advance stage
in two special courts at Ranchi.
4.
And whereas investigation of Fodder Scam Cases disclosed that accused Dayanand
Prasad Kashyap was instrumental in receipt of fraudulent payments to the tune of Rs.14.88
Crores without supplying any feed, fodder and veterinary medicines without any supply
against fabricated allotment letters, supply orders and bills from different District
Treasuries of erstwhile State of Bihar now Jharkhand during the period between 1981 and
1996.
5.
And whereas details of cases wherein accused Dayanand Prasad Kashyap was
convicted upon conclusion of trial are as under:
No. 1057
Jharkhand Gazette (Extraordinary), Monday, 23rd December, 2019
2
Dayanand Prasad Kashyap
Sl.
No.
FIR No.
Date of
Judgement
Details of sentence
1.
RC-20(A)/96
30.09.2013
RI for 04 years and fine of Rs.3 Lakh in default to
further undergo RI for six months.
2.
RC-22(A)/96
01.08.2009
RI for 4.5 years and fine of Rs.2,70,000/- in
default to further undergo RI for 05 months.
3.
RC-24(A)/96
07.12.2007
RI for 06 years and fine of Rs.1.35 Lakh in
default to further undergo RI for six months.
4.
RC-31(A)/96
03.05.2012
RI for 05 years and fine of Rs.30 Lakh in default
to further undergo RI for 01 year.
5.
RC-41(A)/96
02.02.2012
RI for 03 years and fine of Rs.04 Lakh in default
to further undergo SI for 03 months.
6.
RC-44(A)/96
15.12.2009
RI for 04 years and fine of Rs.2.5 Lakh in default
to further undergo RI for 04 months.
7.
RC-49(A)/96
28.01.2011
RI for 03 years and fine of Rs.75,000/- in default
to further undergo RI for 06 months.
8.
RC-51(A)/96
14.07.2008
RI for 05 years and fine of Rs.15 Lakh in default
to further undergo RI for 06 months.
9.
RC-57(A)/96
24.08.2008
RI for 05 years and fine of Rs.05 Lakh in default
to further undergo RI for 01 year.
10.
RC-
05(A)/2000
15.04.2006
RI for 03 years and fine of Rs.95 thousand in
default of payment of fine, SI for 03 months.
11.
RC-68(A)/96
24.01.2018
RI for 20 years and fine of Rs. 01 Lakh in default
to further undergo RI for 01 year.
12.
RC-45(A)/96
09.04.2018
RI for 07 years and fine of Rs. 01 Crore in default
to further undergo RI for 01 year.
6.
And whereas in addition to the aforesaid Dayanand Prasad Kashyap is also facing
trial in Fodder Scam Cases RC-47(A)/96 and RC-48(A)/96 in different Special Courts at
Ranchi.
7.
And whereas during investigation of these cases, gold bonds of some of the accused
persons were discovered and seized during investigation of the case.
8.
And whereas the details of Gold Bonds at RBI, Kolkata belonging to accused
Dayanand Prasad Kashyap and his family members as discovered during investigation are
as under:-
Gold Bonds at RBI, Kolkata belonging to convict Dayanand Kashyap and his wife Smt.
Lilawati Kashyap.
Sl.
No.
Name
Wt. of Gold
Rendered
Provisional receipt No. and
date
1
Dayanand Prasad Kashyap
1316 Gms
RCA-000927 dated 26.05.1993
2
Dayanand Prasad Kashyap
1316 Gms
RCA-000928 dated 26.05.1993
3
Dayanand Prasad Kashyap
1316 Gms
RCA-000929 dated 26.05.1993
4
Dayanand Prasad Kashyap
1318 Gms
RCA-000930 dated 26.05.1993
5
Lilawati Kashyap and
Dayanand Prasad Kashyap
9947 Gms
RCA-002289 dated 11.06.1993
6
Dayanand Prasad Kashyap
5246.5 Gms
RBCA-1306 dated 10.10.1994
Total 20459.5 Gms
Jharkhand Gazette (Extraordinary), Monday, 23rd December, 2019
3
9.
And whereas upon conclusion of the trial of Fodder Scam Case RC-20(A)/96-Pat Ld.
Special Judge-IV, Fodder Scam Cases Ranchi in the final order and judgement, inter-alia
mentioned “In this case huge seizure have been said to be made by the CBI from
different accused persons. Some of the accused persons such as A-6 and others are
not claiming over the cash said to be seized from their possession. Fixed deposit
receipts in the name of A-3 and A-4 and others have been seized by CBI, these persons
are not claiming over the amount. Gold Bonds from A-7 and others have been seized
by the CBI and they are not claiming over the property. In the above such cases the
CBI is directed to deposit the cash, maturity proceeds of the Fixed Deposits and the
proceeds of the Gold Bonds in the State Treasury within 8 weeks of this order. Some
of the accused persons are claiming over the gold bonds and cash etc., the CBI is
directed to bring proceeding under Criminal Law Amendment Act for confiscation of
such property”.
10.
And whereas following orders aforesaid CBI lodged a petition to call upon the
authorities of State Government of Jharkhand to nominate the officer to receive the
payment of the maturity proceeds of gold bonds as mentioned in the foregoing paragraph to
appropriate the amount in the state exchequer of Jharkhand.
11.
And whereas after adjudication on the petition aforesaid, Ld. Special Judge -IV,
Fodder Scam Cases, Ranchi vide order dated 16.06.2017 asked CBI to file application under
Section 3 of Criminal Law Amendment (Ordinance), 1944, so that opposite parties i.e. name
lender family members would be issued notice to explain their claim on the properties
sought to be appropriated in favour of the State Government of Jharkhand.
12.
And whereas evidence brought on record confirming the commission of offences of
criminal conspiracy, cheating, misappropriation and criminal misconduct, schedule offences
under Criminal Law Amendments Ordinance, 1944 on the part of accused Dayanand Prasad
Kashyap and his family members have come to fore in view of several convictions and
sentences/fines imposed on him.
13.
And whereas the Govt. of Jharkhand having fully considered the material before it in
regard to the allegations and circumstances of the cases believe that said persons have
procured the properties detailed above by means of offences aforesaid.
14.
Now, therefore, in exercise of powers conferred under Section 3 of Criminal Law
Amendment Ordinance, 1944 (Ordinance 38 of 1944 the Govt. of Jharkhand hereby
authorizes Shri Dasrath Murmoo, Dy. Superintendent of Police, Special Police
Establishment, Economic Offences Branch of Central Bureau of Investigation, Ranchi to
make an application before the Judicial Commissioner, Ranchi for attachment of properties
detailed in the paragraphs above acquired by the accused persons in the names of his family
members and relatives by commission of the aforesaid offences.
By the order of Governor of Jharkhand,
Sukhdev Singh,
Additional Chief Secretary.
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 1057-- 50.