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- 6710 -- 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 Shyam
Bihari Sinha was instrumental in fabrication of allotment letters for more than Rs.726
Crores to facilitate the alleged illegal withdrawals from different Districts Treasuries of
erstwhile State of Bihar now Jharkhand during the period between 1981 and 1996.
5.
And whereas details of cases wherein involvement of accused Shyam Bihari Sinha
surfaced are as under:
No. 1060
Jharkhand Gazette (Extraordinary), Monday, 23rd December, 2019
2
Sl.
No
FIR No.
Date of FIR
Date filing
Charge sheet
Date of
cognizance
1.
20(A)/96-Pat
27.03.1996
23.06.1997
23.07.1997
2.
21(A)/96-Pat
27.03.1996
24.12.1997
02.01.1998
3.
22(A)/96-Pat
27.03.1996
25.02.1999
27.02.1999
4.
25(A)/96-Pat
28.03.1996
11.08.1997
11.08.1997
5.
26(A)/96-Pat
28.03.1996
30.11.1996
02.01.1997
6.
27(A)/96-Pat
28.03.1996
10.04.1997
15.07.1997
7.
28(A)/96-Pat
28.03.1996
30.11.1996
09.12.1997
8.
29(A)/96-Pat
29.03.1996
10.04.1997
28.07.1997
9.
32(A)/96-Pat
29.03.1996
30.09.1997
18.12.1997
10.
33(A)/96-Pat
04.04.1996
26.03.1997
09.01.1998
11.
55(A)/96-Pat
17.04.1996
20.01.1998
23.01.1998
12.
56(A)/96-Pat
19.04.1996
25.01.1998
23.02.1998
13.
57(A)/96-Pat
19.04.1996
12.10.1999
12.10.1999
14.
58(A)/96-Pat
19.04.1996
05.09.1999
07.09.1999
15.
64(A)/96-Pat
15.05.1996
28.10.1997
02.07.1998
16.
77(A)/96-Pat
28.11.1996
29.03.1998
01.04.1998
6.
And whereas in addition to the aforesaid, involvement of accused Shyam Bihari Sinha
also surfaced in other 25 cases, however, charge sheet could not be filed on account of his
death on 25.10.1999 and trial against him awaited.
7.
And whereas investigation also disclosed involvement of Ravi Sinha, S/o accused Dr.
Shyam Bihari Sinha as supplier having received illegal payments from Dumka Treasury and
upon conclusion of trial the petitioner Ravi Sinha was convicted and sentenced for 05 years
of RI and fine of Rs. 50,000/- in fodder scam case RC-39(A)/96-Pat on 12.06.2008 by the Ld.
Special Judge-VII, Fodder Scam Cases, Ranchi.
8.
And whereas accused Ravi Sinha is also facing trial for similar charges in another
Fodder Scam Case RC-68(A)/96-Pat is at advance stage.
9.
And whereas during investigation of the case cash, gold bonds and fixed deposits of
some of the accused persons were discovered and seized .
10.
And whereas the details of Gold Bonds at RBI, Kolkata belonging to the family
members of accused Dr. S.B.Sinha discovered during investigation are as under:-
Sl.
No.
Name
Wt. of Gold
Rendered
Provisional receipt No. and
date
1.
Alok Kumar Sinha
4885.000 Gms
RBCA-270 dated 11.07.94
2.
Ritu Sinha
3692.000 Gms
RBCA-333 dated 11.07.94
3.
Ritu Sinha
1400.000 Gms
RBCA-350 dated 11.07.94
4.
Alok Kumar Sinha
2217.000 Gms
RBCA-355 dated 11.07.94
5.
Avi Sinha
3033.500 Gms
RBCA-388 dated 02.01.96
6.
Pratik Shankar Dayal
(Minor)
1050.000 Gms
RBCA-386 dated 02.01.96
7.
Pranay Shankar Dayal
3032.000 Gms
RBCA-408 dated 01.07.94
8.
Shushma Dayal
3214.000 Gms
RBCA-829 dated 11.07.94
9.
Sushma Dayal
1750.000 Gms
RBCA-869 dated 11.07.94
10.
Ranjana Sahay
3069.000 Gms
RBCA-1166 dated 11.07.96
11.
Navneet Sahai (Minor)
1068.500 Gms
RBCA-1293 dated 02.01.96
12.
Puja Sahay (Minor)
1049.500 Gms
RBCA-1352 dated 02.01.96
13.
Prakash Kr.Sahay
2086.00 Gms
RBCA-1531 dated 01.07.94
Total:-31546.5 Gms
Jharkhand Gazette (Extraordinary), Monday, 23rd December, 2019
3
11.
And whereas during investigation and or during trial of the case the amount of
Rs.2.48 crores seized from accused Dr.SB Sinha has not been claimed by him or by any
other persons so far.
12. 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”.
13.
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 Rs.2.48 crores with interest accrued on cash deposit aforesaid and also the
maturity proceeds of gold bonds as mentioned in the foregoing paragraph to appropriate
the amount in the state exchequer of Jharkhand.
14.
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.
15.
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 Shyam Bihari
Sinha and accused Ravi Sinha have come to fore in view of several convictions and
sentences.
16.
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.
17.
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) 1060-- 50.