Shillong, Sep 15: The report of the inquiry into rice allotment by Mool Chand Garg, retired judge of High Court of Madhya Pradesh, was submitted without the views of the Assam police.
Garg was recently appointed by the government to head the committee to review the reservation policy.
The report was submitted to the state government on April 30, 2022 by Garg but it was tabled by Social Welfare Minister Paul Lyngdoh in the House on the first day of the Autumn session of the Meghalaya Legislative Assembly, on Friday.
The commission was constituted after a complaint was lodged in June, 2021 against alleged diversion of rice from Meghalaya to Assam coupled with public pressure to order an inquiry.
The power of the commission was limited as it was not formed under the Commission of Inquiry Act.
The commission probed rice allotted to Continental Milkose (India) Ltd. for the Supplementary Nutrition Programme (SNP) found in a private godown in Boko, Assam and seized by the Assam Police.
According to the commission, “it is relevant to mention here that the commission has not gone into the police investigation of the matter and it is not expressing any opinion on the pending investigation being carried out by the Assam Police”.
The commission said it called upon the officials of Boko police station, Assam police and when the personnel of Boko police station did not turn up before the commission for submitting their response in the matter, the commission requested the “higher officials of Assam Police” to take appropriate steps and actions in the matter to enable the commission to submit the final report but according to the commission, it seemed that the Assam police had never been interested in cooperating with the commission.
“Therefore, the commission had no other option than to proceed with the matter without any support of Assam Police. In such situation, the Commission would proceed to decide the point of reference “a” with the help of submissions submitted by the Government of Meghalaya and M/s Continental Milkose (India) limited and the statement of CDPOS, DPOs, Public and Continental Milkose and the Government Officials”, the commission said in the report.
The panel pointed out that from the submission of the company and the documents placed before the commission, it appears that the company has been working with the Government of Meghalaya and other state governments and government agencies and obtained performance certificates against successful supplies. The magistrate while releasing the goods has observed in the order that there is no progress in the investigation of the matter.
‘It is also supported by the fact that the police had registered the FIR in the month of June, 2021 and even after the passage of 10 months, no final report has been submitted by the police, nor has the Assam Police extended any support in enquiry proceedings”, the panel noted.
The commission said it had to determine as to whether there was any kind of illegality or irregularity with regard to the rice which was found and seized by Assam police in the private godown of M/s Continental Milkose (India) Limited specifically allocated for Supplementary Nutrition Program on the requisition of the government of Meghalaya and lifted from the godowns of Food Corporation of India. The commission while inquiring into the matter had given fair chance of representation to the company from whose godown the disputed rice was seized by the Assam police .
The commission did not find any irregularities after probing the matter.
What the FIR said
The commission noted that according to the documents submitted by the Government of Meghalaya, M/s Continental Milkose (India) Ltd. and the statement of witnesses who appeared during the course of public hearing and before the commission on summons, it appeared that on June 3, 2021, one FIR was filed at the Boko police station Assam wherein it has been alleged as under.
One truck bearing Nagaland registration of M/s Maruti quality products was detained at Nadia para, by the local public.
“On inspection 800 (each bag contains 30 kg as per marking) numbers of bags of polished rice marked as east sunrise along with marking of “for Assam rifles only” MKD Bye continental milkose (India) limited, Kher Mhal, Nutan Bosti, Dimapur, Nagaland 797112. FSSAI License Number 10020077000030 and seized as per seizure list. As per driver’s statement it is learnt that the said rice bags were loaded at Maruti quality products private limited, Chatabari industrial area, under Boko police station, accordingly I along with IC Jambori PP visited the godown of Maruti quality products private limited and found huge number of unaccounted FCI/PDS/FSA rice pad in gunny/jute bags and also found 325 numbers of bags of polished rice marked as east sunrise along with marking of “for Assam rifles only” MKD Bye Continental Milkose (India) Limited, KherMahal, Nutan Bosti, Dimapur, nagaland 797112, FSSAI license number 10020077000030 suspected to be hoarding for unfair means, one machine for polishing rice. Further eleven (11) nos of loaded trucks containing FCI rice, one empty truck which had just unloaded FCI rice and was inside the factory campus, one empty truck which was just outside the factory were also found. Details of the vehicles are noted below. As of now no valid documents have been produced in respect of the rice. It is suspected that the owner, business partner, manager and others had entered into a criminal conspiracy to pilferage and misappropriate rice from Govt. FCI facilities and sell the same in the black market at high rates/profit thereby depriving the genuine beneficiaries. It may be stated that PDS/FSA rice is meant for distribution to the BPL/ poorer sections of society and it is not legally permissible to sell/hoard/distribute the same except as per the legal mandate. It is suspected that the rice was being hoarded for selling in the black market for wrongful gain. In view of the above, you are requested to register a case and investigate the matter.”
It was learnt by the commission through the evidences, that there was a hue and cry among one section of public and the matter was then referred to the commission for enquiry to determine the points of reference.
“Therefore, from the FIR, it is crystal clear that there was a doubt to the police department about the presence of rice at the Godown of M/s Continental Milkose (India) Ltd situated at Chayagaon, Assam and the suspicion of the police in the FIR is as under-
“As of now no valid documents have been produced in respect of the rice. It is suspected that the owner, business partner, manager and others had entered into a criminal conspiracy to pilferage and misappropriate rice from Govt. FCI facilities and sell the same in the black market at high rates/profit thereby depriving the genuine beneficiaries”.
The concern of the hue and cry is that the rice which is meant for poorer and needy section of the society could be sold in black market thereby depriving them. Therefore, this entire suspense makes this enquiry very important and the commission would find out if there is any such activity going on in the state frustrating the order of the supreme court and the law enacted by the Parliament. This is also necessary for a better India since it is for a section of public who would help the country to stand on its leg in future, the commission said.
After hearing the concerned parties except the police, the commission gave clean chit as it found that there was no scam.
