ZRT Judgment

IN THE COURT OF SPECIAL JUDGE,
(PREVENTION OF CORRUPTION ACT)

MIZORAM, AIZAWL.
Present : Shri Vanlalenmawia, MJS,

Special Judge, Mizoram,
Aizawl.
SR (PCA) No. 2 of 2012

(Arising out of ACB P.S. Case No. 7 of 2013)
U/S 13(1)(d)(i)(ii)/(e) read with13 (2) of P.C. Act, 1988
Anti-Corruption Bureau, Mizoram …….Complainant
-Versus-
A-Zoramthanga
S/o Darphunga(L)
R/o Ramhlun Venglai,
Aizawl, Mizoram. ……Accused person.
Date of framing of charge : 23.7.2014
Date of hearing of Prosecution : 23.09.2015, 29.01.2016,

29.03,2016, 08.04.2016,
07.10.2016, 30.11.2016,
11.04.2017,12.04.2017,
10.05.2017,21.08.2017,
10.10.2017, 23.10.2017,
23.02.2018,20.03.2018,
10.04.2018,17.05.2018,
07.06.2018, 26.09.2018,
15.02.2019,23.04.2019,
23.05.2019,14.08.2019,
30.08.2019, 18.02.2020,
25.09.2020, 04.11.2020,
24.11.2019, 19.01.2021,
22.01.2021, 15.02.2021,
10.3.2021&17.08.2021
SR(PCA) No. 2 of 2012 Page 1

Date of recording statements u/s 313 Cr PC: 27.09.2021.
Date of hearing of Defence : 06.10.2021
Date of Argument : 08.10.2021
Date of Judgment : 08.11.2021
PRESENT
For the Complainant : Shri Joseph Lalfakawma P.P.

Shri C.Lalrinchhunga, Addl. PP.
For the Accused : Shri W.Sam Joseph, Advocate.
JUDGMENT
Abbreviation
1 ACB Anti-Corruption Branch

2 Agri. Agriculture
3 AAI Asst. Agriculture Inspector
4 Addl. Additional
5 CM Chief Minister
6 CJM Chief Judicial Magistrate
7 Co. Ltd Company Ltd
8 Cr. PC Criminal Procedure Code
9 D&SJ District & Sessions Judge
10 DAO District Agriculture Officer
11 DDO Drawing and Disbursing Officer
12 DW Defence Witness
13 Dy. SP Deputy Superintendent of Police
14 EE Executive Engineer
15 EO Enquiry Officer
16 Ext. Exhibit
17 FIR First Information Report

18 GoM Government of Mizoram
19 IPC Indian Penal Code
20 IO Investigating Officer
21 JMFC Judicial Magistrate First Class
22 JE Junior Engineer
23 LSC Land Settlement Certificate
24 OC Officer-in-Charge
25 PCA Prevention of Corruption Act, 1988
26 PP Public Prosecutor
27 PS Private Secretary
28 P.S. Police Station
29 PW Prosecution Witness
30 PWD Public Works Department
31 SDAE Sub-Divisional Agriculture Officer
32 SK Store Keeper
33 SP Superintendent of Police
34 u/s under section
C H R O N O L O G I C A L O R D E R OF E V E N T S
Sl. Events Date File/Order No.

No.
1 Forwarding of complaint to SP 1.7.2009 No. C.13011/250/2007-VIG
(ACB) by Vigilance
Department
2 Letter of EE PWD to E.O. in 14.12.2009 No.A.20017/8/01-
respect salary statement of ED(PWD)/16
Smt. Roneihsangi.
3 Letter of E.O. to US-cum- 18.12.2009 Ref: SAD‘s letter
PS(CMO) reg. Salary No.C.18018/1/2000 SAA
Statement of Ex.CM
4 Letter of US-cum-PS(CMO) to 8.1.2010 CMO.69/2009/Fri
E.O. in respect salary
statement of Ex-CM
Zoramthanga.
5 Seizure of materials from 8.2.2010 Seizure memo
Election Branch, Champhai
6 Registration of FIR by SP 15.9.2010 ACB Case No. 9/2010
(ACB)
7 Inventory Memo 16.9.2010 Inventory List
8 Seizure of Documents by I.O. 16.9.2010 Seizure Memo
9 Seizure of Documents by 16.9.2010 Seizure Memo
Addl. SP
10 Inventory Memo 17.9.2010 Inventory list
11 Seizure of Documents by 17.9.2010 Seizure memo
Addl. SP

12 List of seized documents 17.9.2010 List of seized documents
13 Seizure of Documents by Dy. SP 17.9.2010 Seizure memo
14 Seizure of Documents by I.O. 17.9.2010 Seizure memo
15 Seizure of materials from 8.2.2011 Details of documents seized
Election Branch, Champhai
16 Judicial Statement of Sri 29.4.2011 Judicial Statement
Lalzarliana recorded by JMFC
17 Judicial Statement of Sri 3.5.2011 Judicial Statement
Lalniliana recorded by JMFC
18 Confessional Statement of Dr. 4.5.2011 Confessional Statement
OP Singh JMFC
19 Letter No. 5.10.2010 Letter from Dy SP
ACB/PS/CNo.9/2009/1127 C.Vanramlawma to MetLife
dated 5.10.2010
20 Letter of MetLife to IO 8.10.2010 Letter
21 Letter to SP regarding 27.10.2011 Letter
Naupang Zirna Senso by Shri
Zoramthanga, Ex-CM.
22 Letter to SP regarding Prices 27.10.2011 Letter
of Household Properties by
Shri Zoramthanga, Ex-CM.
23 Seizure of Documents by I.O. 12.11.2010 Seizure Memo
24 Letter from I.O. to Secretary, 1.12.2010
Mizoram Legislative Assembly
to furnish information
25 Reply Letter from DS, 3.12.2010 No. LA.12/LEGN/97/08
Mizoram Legislative Assembly
to I.O. on furnishing of
information
26 Record of Statement of PWs 21.2.11,23.2.11 Police Statement recorded by
by I.O. 2.3.11,18.2.12, I.O.
14.3.12,
27 Arrest of C.Lalniliana 22.6.2011 Arrest Memo.

28 Arrest of Dr. O.P. Singh 29.6.2011 Arrest memo
29 Letter of I.O. to Mizoram 4.8.2011 ACB/P.S/C. )9/2010/699
Legislative Assembly
regarding Loan taken by Ex
CM
30 Reply letter of DS, to Mizoram 8.8.2011 No.LA/ACCT/102/09/PT/1
Legislative Assembly
31 Judicial statement of 8.12.11 Judicial Statement
R.Laltanpuia recorded by
JMFC
32 Letter of US, SAD to DSP reg. 14.3.2012 No. G.26034/3/2009-SAA
salary statement of Shri
Zoramthanga w.e.f. 1.1.2003
to Nov., 2003 and 11th Dec,
2008 to Sept., 2010
33 Letter No. 14.3.2012 No. LA/ACCT/20/96/216
LA/ACCT/20/96/216
34 Letter of US, Mizoram 15.3.2012 No. LA/ACCT/20/96/2016
Legislative Assembly to DSP Dated 15.3.2012
reg. Pension Statement of Ex
CM.

35 Letter of Senior Manager AXIS 15.3.2012 Letter dated 15.3.2012
BANK to I.O.
36 Letter No. ACB/PS/C/No. 13.3.2012
9/2010/2604 dated 13.3.2012
37 Letter of I.O. to Mizoram 26.3.2012 No. ACB/P.S/C/No.
Presbyterian Church, Zarkawt 9/2010/2745
reg. Ex CM Thawhlawm
thawh dan.
38 Reply Letter of Mizoram 28.3.2012 Letter
Presbyterian Church, Zarkawt
to I.O.
39 Letter of I.O. to Ex CM 26.3.2012 ACB/P.S/C. )9/2010/2743
40 Letter of Shri Zoramthanga to 17.4.2012 Letter
I.O. reg. Chaltlanga ka in luah
man.
41 Letter of I.O. to US, SAD reg. 24.4.2012 No. ACB/P.S/C/No.
D.A., Constituency/ 9/2010/112
Contingency Allowances and
providing of Vehicles during
the term of 2003-2008.
42 Reply Letter of US, SAD to I.O 26.4.2012 No. C.26034/3/2009
41 Reply Letter of Executive 15.5.2012 No. SP
Legal, HDFC Life to I.O. Police/Compliance/2011-12/1
42 Order of Seizure of Property 1.8.2012 No.
to Operation Officer, HDFC ACB/P.S/C/No.9/2012/664
Life Insurance co. Ltd,
Guwahati
43. Letter no. ACB/P.S./C/No. 13.8.2012 Letter from Dy. SP
9/2010 dated 13.8.2012 C.Vanramlawma
44 Letter of Associate Manager 27.8.2012 Letter dated 27.8.2012
Legal, HDFC Life to I.O.
First Information Report
1. The then Addl. Secretary to the Government, Vigilance

Department, forwarded a complaint to the OC (ACB) vide his
letter No. C.13011/250/2007-VIG dated 1.7.2009 received from
Shri N. Rothanga, Secretary, Vigilance, MUP (Senior Citizens
Association of Mizoram) and Shri Vanlalruata, President,
PRISM. Allegation made in the complaint against A-
Zoramthanga is that, while functioning as CM, he abused his
official position as a public servant and possessed
disproportionate assets. Inspector P.C.Lalrinmawia (ACB) was

appointed to hold enquiry. Accordingly, enquiry was held and
the EO forwarded his findings to the Vigilance Department.
Thereafter, the Vigilance Department instructed to register a
criminal against A-Zoramthanga for abusing his official position
during his tenure as CM, Mizoram w.e.f. 1998 to 2008 as stated
hereunder:-
(a) A-Zoramthanga had purchased agriculture land (farm) at

Aii Puk, Sihphir covering an area of about 31 bighas where
certain fruits bearing trees etc. were cultivated by
spending huge amount of money. An Agriculture
Department Truck bearing Registration No. ZRG-1520 had
carried 660 Nos. of Angle Iron Post and 30 Rolls of Goat
proof wire mesh from Agriculture Department Go-down
under the instruction of Shri Lalnunthianga, Addl. PS to CM
Mizoram, for use at Aii Puk Farm of A-Zoramthanga, Ex-
Chief Minister without any public interest. The said
irregular transaction was regularized by officials of
Agriculture Department by issuing challan in the name of
Aii Puk Farmers Association (the Association was formed at
a later date) showing sale of 50% subsidy to the so-called
Farmers.
(b) During enquiry, A-Zoramthanga, Ex-CM who was also the

then President, MNF Party admitted that 3% of the
estimated amount of contract works under PMGSY and
CSS Schemes were deducted from the contractors for the

MNF party fund during his tenure as CM which is an act of
abuse of his official position.
(c) A-Zoramthanga Ex-CM declared his assets while filing his
nomination before DC, Champhai in the election of MLA
held in the years 2003 and 2008, declared his possession
of assets valued at Rs. 54,18,061.94 and Rs.
1,38,02,241.26 respectively. The difference of the
properties held by him between 2003 and 2008 is (Rs.
1,38,02,241.26 - Rs. 54,18,061.94) = Rs. 83,84,179.32
while his income and his wife‘s income during 2003 to
2008 were Rs. 17,84,234.00. According to the EO,
possession of assets disproportionate to his known source
of income is clearly substantiated.
2. THE EO submitted an FIR to the SP who was also OC of ACB

PS and it was received and registered as ACB P.S. Case No.
9/2010 dated 15.9.2010 u/s 477A/201/109 IPC read with 13(2)
and 13(1)(b)(c)(d)(e) PC Act, 1988.
Investigation
3. After registration, Dy. SP C.Vanramlawma was appointed to

investigate the case. It was during the course of investigation,
the I.O. took the following actions for purpose of collecting
evidence.
(1) On 17.9.2010, after obtaining Search Warrant from the

Special Judge, Mizoram, the house of the A-1
Zoramthanga situated at Ramhlun Venglai was searched.

Amongst other things, two Agricultural Land Certificates
No. G.55 of 1992 and G.14 of 1988 in the name of Smt.
Ngurtawni and Shri Thanchhunga respectively were seized
from the house of the accused. The location of these LSCs
is Sihphir ram. The LSCs were not mutated in the name of
the accused. But, it was established A-1 Zoramthanga
used Angle Iron Posts and G.P. wire mesh for fencing his
agricultural lands known as Aii Puk Farm.
(2) Shri Lalnunthianga, ASA of Transport Department (then

Addl. PS to CM) was examined. He admitted that
sometime in the month of March 2001, he informed Dr.
O.P. Singh (as per instruction of A-Zoramthanga) over
telephoneto issue some quantities of Angled Iron Posts
and Goat Proof wire mesh (quantity not remembered) to
Aii Puk Farm belonging to A-Zoramthanga. Accordingly,
certain quantities of the said materials were brought and
unloaded at Aii Puk Farm by Agriculture Department after
a few days. He was sent to the then CJM, Aizawl District,
for recording judicial statement. The statement recorded
by Shri Lalngaihmawia Zote, Judicial Magistrate 1st Class
III Aizawl revealed that he was directed by Smt.
Roneihsangi w/o A-Zoramthanga to inform Director of
Agriculture to provide Angle Iron Posts and G.P. wire mesh
at Aii Puk Farm. Shri Lalnunthianga also stated that an
envelope containing money was given to him by the Chief
Minister (A-Zoramthanga) with an instruction to hand over

to the then Director of Agriculture which he had complied
with by sending a driver to do the same.
According to the I.O., the evidentiary value of the

statement recorded by the Magistrate has a less value
than that of the statement recorded by the I.O. during
investigation but, the statement is corroborative with the
sequence of the evidence.
(3) Dr, O.P. Singh, the then Director of Agriculture & Minor
Department and Shri C. Lalniliana, the then DAO Aizawl
West,now Director of Agriculture, were examined.Both
admitted that they had complied with the instruction of A-
Zoramthanga conveyed through his Addl. P.S. Shri
Lalnunthianga and thereby loaded 660 Nos. of Angle Iron
Post and 30 rolls of Goat Proof Wire Mesh from Agriculture
Department Go-down by Departmental truck and unloaded
the same to Aii Puk Farm belonging to A-Zoramthanga.
The then Director of Agriculture issued allotment order of
660 Nos. of Angle Iron Posts and 30 rolls of G.P wire mesh
to DAO Aizawl West reportedly by back dating to conceal
the matter. The then DAO (Aizawl West) gave instruction
to his subordinate for supplying the materials to Aii Puk
Farm. The Opposition Congress Party at that point of time
noticed about the supply of fencing materials to Aii Puk
Farm. The Opposition Congress raised objection by slogan
in the Assembly House during the session held in the
month of March 2001. A-Zoramthanga clarified in the

Assembly House that the materials were issued to the
members of Aii Puk Farming Society on 50% subsidy.
According to the I.O., a requisition was sent to the then

Secretary, Mizoram Legislative Assembly to furnish the
Audio/Visual/Documents to this effect (Statement of A-
Zoramthanga). But, the Legislative Secretariat could not
furnish the same stating that such documents or
Audio/Visio Cassette cannot be made as evidence in the
law Court.
According to the I.O., with a view to regularize such

irregularities as mentioned above and in order to conceal
fact in issue intentionally, the then Director, Dr. O.P. Singh
and the then D.A.O. Shri C. Lalniliana had shown Shri
Lalzarliana and 14 others of Sihphir/Neihbawih Villagers as
forming Aii Puk Farmers‘ Association and prepared
distribution list to 15 persons showing 660 Nos. of Iron
Angle Posts and 30 Rolls of Goat Proof Wire Mesh received
from the then DAO, Aizawl West. The Distribution List was
countersigned by Shri Lalzarliana as President of Aii Puk
Farmers‘ Association, Sihphir. As a matter of fact, Aii Puk
Farmers Association was not formed during this period.
The Association came into existence only on 1st November,
2002 as per Registration No. 52 of 2003 of Registrar,
Trade Union, Mizoram.

(4) Dr. O.P. Singh and Shri C. Lalniliana were arrested and
released on bail since Anticipatory Bail orders were
granted by the Hon‘ble High Court, Aizawl Bench. Their
judicial statements were also recorded by Judicial
Magistrate 1st Class, Aizawl District. Discussing the merit of
the case with superior officers, it was decided to turn Dr.
O. P. Singh and Shri C. Lalniliana as APPROVER under the
provision of section 306 Cr.P.C. Accordingly, the then Chief
Judicial Magistrate, Aizawl Court turned the accused Dr. O.
P. Singh and Shri C. Lalniliana as APPROVER on the basis
of application submitted by both the officers and
forwarded by the I.O. vide No.GR/AZLCOURT/2011/329
dated 4.7.2011.
(5) The statement of the so-called beneficiaries namely – (1)

Shri Lalzarliana, (2) Shri Lalramnghaka, (3) Shri H.
Lalrinzuala, (4) Shri H. Laltanpuia, (5) Shri H. Lalnunzira,
(6) Shri Lalhuzauva, (7) Shri Thanchhunga, (8) Shri
Lallura, (9) Shri Nikunga, (10) Shri V. Rosiama, (11) Smt.
Lalchhuanawmi and (12) Smt. Roneihsangi were examined
and ascertained that except Smt. Roneihsangi they denied
that they had received the Angle Iron Post and G.P. wire
mesh. The judicial statement of Shri Lalzarliana was
recorded by Judicial Magistrate of 1st Class. Shri Ropuia
Pachuau S/o Manliana of Sihphir Vengpui and Shri H.
Lalchhuanvawra, Dy. Director of Horticulture, Directorate
of Horticulture were examined and came to learn that the
cost of 176 Nos. of Angle Iron Post and 8 rolls of Wire

mesh at 50% subsidized rate was Rs. 99,440.00, andthey
had taken from Shri H. Lalchhuanvawra the then DHO
Aizawl as requested to him by A-Zoramthanga and handed
over the same to Shri C. Lalniliana, the then DAO, Aizawl
West. Shri Ropuia Pachuau and Shri Lalzarliana also stated
in their statements that the rest of Rs. 2,73,460.00 was
received by Shri Zahlira Hrahsel, the then DAO, Mamit
from Dr. O.P. Singh and deposited the same to SBI
through Treasury. Hence both 99,440 + 2,73,460 =
3,72,900.00 was deposited to Bank vide Treasury Challan
No. 98/B Dt. 10/4/2001 and No. 5/B dated 4.9.2001.
According to the I.O., Rs. 3,72,900.00 was lost by the GoM
as a result of such fraudulent act of A-Zoramthanga and
other officials.
It is further stated by the I.O. that Dr. O.P. Singh, then

Director of Agriculture vide his letter No.D/15014/6/2000-
DTE (AGR-LUB)588 dated 28.2.2001 (by back dating)
submitted a proposal to the GoM, Agriculture Department
requesting to permit him for sale of Angle Iron Posts and
G.P. wire mesh on 50% subsidy as the same were
purposely purchased for distribution to the needy farmers
at free of cost. However, the GoM, Agriculture Department
vide No.D.26017/3/96-AGR dated 28th June 2001 conveyed
administrative approval for sale of Angle Iron Post and
Goat Proof Wire Mesh at 50% subsidy to the farmers. In
the view of I.O., this indicated that by the time the Angle
Iron Posts and G.P. wire mesh were shown as sold on

50% subsidy, there was no approval of Govt. According to
the I.O., proposal was shown to have been made for sale
of the materials on 50% subsidy to conceal the fact by
back dating. The administrative approval was received
after lapse of 4 (four) months.
(6) Statement of Shri Lalchhanliana SDAE, Director of

Agriculture Department, Shri T. Ngurkhuma AAI, Shri
Vanlalhruaia Hnamte, Programme Co-Coordinator KVK
Lawngtlai Dist. Rev. Dr. F. Sangkhuma, Driver (Rtd.), Shri
Joseph Simon, J.E. DAO‘s Office, Mamit were also recorded
and ascertained from them that 660 Nos. of Iron Angle
Posts and 30 rolls of G.P. wire mesh were loaded from
Govt. Agriculture Go-down and transported in Department
truck No. ZRG 1520 driven by Shri R. Laltanpuia Driver as
per the order of Director of Agriculture Department (Dr.
O.P. Singh) and the DAO, Aizawl West (Shri C. Lalniliana).
The same were unloaded at Aii Puk Farm belonging to A-
Zoramthanga, Former Chief Minister of Mizoram.
(7) The driver of ZRG 1520 (Truck) Shri R. Laltanpuia @

Buanga S/o Tlanglawma (L) of Tuikual South was
examined and stated that as per his car diary dated
23.3.2001, he had taken load of 660 Nos. of Iron Post
from the office Go-down located at Shri Chawngkunga‘s
building, DawrpuiVengthar, Aizawl by using official truck
No. ZRG 1520 driven by him and unloaded the same at Aii
Puk Farm. Goat Proof Wire Mesh was taken by Babula

(late) by using Tractor No. MZ-01/1474. The statement of
Shri R. Laltanpuia was recorded by Judicial Magistrate 1st
Class Aizawl District.
(8) Statement of Shri Zahlira Hrahsel, DAO, Mamit who took

over the charge of DAO, Aizawl West (later renamed as
DAO Mamit) was recorded and stated that on 28.8.2001
the cost of G.I. post and wire mesh amounted to Rs.
2,73,460.00 received being 50% subsidy from Dr. O. P.
Singh, Director of Agriculture with a direction to deposit
the same to SBI through Treasury. He then handed over
the same to Shri L.V. Zahnuna SDAO-cum-DDO with an
instruction to deposit the same to treasury. It was later
confirmed by him that the same was deposited to Bank
through Treasury. Copy of his entry into diary dated.
28.8.2001 is enclosed in his statement.
(9) The following documents were seized from Inspector P.C.

Lalrinmawia who conducted Preliminary Enquiry in this
regard :
(i) File No.11029/4/95-96/DAO(AW)/Tech containing 178

pages in which an application submitted by Shri
Lalzarliana to DAO Aizawl West and forwarded to
Director of Agriculture for issue of 750 Nos. of Angle
Iron Post and 40 rolls of wire mesh recommending for
50% subsidized rate and the page number is not
mentioned. The note sheet without page number and

application having no page number indicated that
President,Aii Puk Farmers Association submitted
application after the materials were issued. The
intention as it appeared was to conceal fact
fraudulently. Mr. Joseph Simon, J.E. working under
DAO Mamit in his statement clarified that he had put
up the said application by back dating it. He also
stated that by the time the application was put up to
DAO Mamit, the materials demanded by them were
already issued to Aii Puk Farmers. He also stated that
page number was not put on the application as well
as on the note sheets because of back dating the
application etc. in the file. According to the I.O., this
indicated that irregular act had been regularized
illegally to screen the illegal action taken by Director
and the DAO as directed by A- Zoramthanga.
(ii) Receipt No.66 Dt.3.9.2001 for Rs.2,73,460.00 issued

by Agriculture Department received from Shri T.
Ngurkhuma S.K. who admitted that the receipt was
issued and signed by him.
(iii) Treasury Challan No.5/B Dt.4.9.2001 issued by SDAO,

Aizawl West for Rs. 2,73,460.00 in respect of the sale
proceed of Angle Iron Posts and G.P. wire mesh of Aii
Puk. This indicated that the sale proceed was
deposited to the Bank through Treasury Challan.

(iv) Copy of distribution list duly signed by Shri Lalzarliana,
President, Aii Puk Farmers Association, Sihphir for 15
persons. However, the so-called beneficiaries denied
to have received the materials.
(v) Receipt No. 57 dated 10.4.2001 for Rs.99,440.00

issued by Agriculture Department received from Shri
T. Ngurkhuma S.K. According to Shri RopuiaPachuau
and Shri Lalzarliana, the said amount was collected
from Shri H. Lalchhuanvawra on the instruction of A-
Zoramthanga for the cost of 176 Nos. of Angle Iron
Posts and 8 rolls of G.P. wire mesh
(vi) Treasury Challan No.98/B dated 10th April,

2001issued by SDAO, Aizawl West for Rs.99,440/- in
respect of sale proceed of Iron Posts etc. at Aii Puk.
(vii) Distribution list countersigned by Shri Lalzarliana

President, Aii Puk Farmers Association, Sihphir for 4
persons.
(viii) File No. B. 17017/ 1/ 2009 - D.A.O (M) subject P.I.L

No.117/07 containing 63 pages and 2 pages of Note
sheet.
(ix) File No.B.12011/6/01-D.A.O(M) Tools and Implements

in which the following valuable documents are found:

(a) Allotment Order for 660 Nos. of Iron Posts to D.A.O,
Aizawl West signed by Director Dt.20.2.2001. There is
no corresponding entry in the Note sheet nor
mentioned the page No. in the Note sheet.
(b) Allotment of 30 rolls of Goat Proof Wire Mesh to D.A.O

Aizawl West was signed by Director, dated 15.3.2001.
In the view of I.O., there is no mention about this
issue in the note sheet and the allotment orders were
issued by the Director in order to justify the
statement/speech made by Shri Zoramthanga in the
Assembly Session stating that Aii Puk Farmers‘ Society
was issued on 50% subsidized rate. The purpose of
procuring such materials was for distribution to the
needy farmers at free of cost as per statement of Dr.
O.P. Singh, Director of Agriculture.
(c) Challan No.DTE (AGR-CS)/98 dated 23.8.2001 of

D.A.O (AW) received by Shri Laltanpuia Driver for 660
rolls of Angle Iron Posts which was signed by him
while loading the materials.
(d) Challan No.DTE (AGR-LUB) dated 26th March 2001 to

D.A.O (AW) for 30 rolls of G.P. wire mesh.
(e) Application to the D.A.O (AW) submitted by President

Aii Puk Farmers Association for issue of 660 Angle
Iron Posts and 30 rolls wire mesh in which the D.A.O
marked in red ink to S.K. to issue the same.

Accordingly, the S.K. issued the materials through Shri
R. Laltanpuia.
(f) Receipt dated 26.3.2001 signed by Shri Lalzarliana,

President, Aii Puk Farmers‘ Association for 30 rolls of
GP wire mesh from Agriculture Department.
(g) Receipt dated 24.3.2001 signed by Shri Lalzarliana,

President, Aii Puk Farmers‘ Association for 660 Nos. of
Angle Iron Post from Agriculture Department. The
items mentioned in (g) and (h) are not actually
received by Shri Lalzarliana or anybody else except A-
Zoramthanga/Smt. Roneihsangi.
(h) Application addressed to D.A.O(Aizawl West) from

Shri Lalzarliana, President, Aii Puk Farmers Association
dated 3rd April, 2001 regarding "Angle Iron Post and
Wire mesh man chungchang."
(i) Distribution list to 4 persons signed by Shri

Lalzarliana, President, Aii Puk Farmers Association
dated 3.4.2001 which he denied that he had received
the materials.
(j) Letter addressed to D.A.O (AW) by Shri Lalzarliana,

President, Aii Puk Farmers Association dated 3rd Sept
2001 regarding "Angle Iron Post leh Wire mesh man
rulhna".

(k) Distribution list to 11persons signed by Shri
Lalzarliana, President, Aii Puk Farmers Association
dated 3.9.2001.
In the words of the I.O., ―As a matter of fact, the payment

of the materials were made by Pu Zoramthanga for the
first instance by taking loan of Rs.99,440/- from Pu H.
Lalchhanvawra, DHO which was received by Pu Lalzarliana
and Pu Ropuia Pachuau. The same amount was handed
over to Pu C. Lalniliana DAO Aizawl West. The second
payment of Rs.2,73,460.00 was made by Pu Lalnunthianga
Addl. P.S. to CM to Dr. O.P. Singh, Director of Agriculture
who in turn handed over to Pu Zahlira Hrahsel DAO Mamit
on 28.8.2001.‖
(10) Smt. Roneihsangi W/o A-Zoramthanga of Ramhlun Venglai

was examined and she stated that she had directed Shri
Lalnunthianga, Addl. P.S. to CM to enquireas to whether
any barbed wire was available in the Agriculture
Department stock or not. However, 660 Nos. of Angle Iron
Posts and 30 rolls of G.P. wire mesh were unloaded at Aii
Puk Farm belonging to them in spite of replying her query
through Addl. P.S. stating that the materials (on 50%
subsidy) was paid to the Department. Shri Lalnuthianga
rebutted the statement of Smt. Roneihsangi stating that
Angle Iron Posts and G.P. wire mesh were demanded from
Director of Agriculture Department under the direction of

A-Zoramthanga. Smt. Roneihsangi never asked him to
enquire about barbed wire from Directorate of Agriculture.
(11) A-Zoramthanga, Former CM was examined and he denied

that he had any knowledge about sale of G.P. wire mesh
and Angle Post when the matter was discussed at
Assembly House. He also denied that he had given
instruction to Shri Lalnunthianga, Addl. P.S. to CM to
demand Angle Iron Posts and G.P. wire mesh. His wife
Smt. Roneihsangi instructed Shri Lalnunthianga to enquire
from Agriculture Department that any stock of barbed wire
was available or not. He finally stated that the said
materials were issued to Aii Puk Farmers Association on
50% subsidized rate. He also admitted that certain
quantity (exact quantity not known) of wire mesh and
angle iron post were received by him and payment as 50%
subsidy had been made (he did not remember the exact
amount) to Directorate of Agriculture.
(12) According to the I.O., the merit of the case was discussed
with superior officers as to whether arrest of A-
Zoramthanga had to be made or not. It was decided not to
make arrest of A- Zoramthanga and made prayer to the
Hon'ble Court to issue summon for his appearance before
the Court for trial.
(13) With regard to Dr. O.P. Singh and Shri C. Lalniliana who
were turned as APPROVER by the then Chief Judicial

Magistrate, Aizawl District, they be tried u/s
201/109/477A IPC R/W 13(2)/13(1)(d)(iii) P.C. Act 1988 if
the conditions of pardon are not complied with (retracted
with their statement) during trial. According to the I.O.,
―Presently, it cannot be anticipated that the condition of
tender of pardon will or will not be complied with by the
Approvers. As such their names are placed on the witness
column.‖
(14) According to the I.O., ―No sufficient evidence could be

collected for alleged deduction of 3% of estimated amount
of contract works under PMGSY and other Centrally
Sponsored Scheme.‖
(15) Since sufficient documents are not yet collected for the
alleged disproportionate assets to his known source of
income, supplementary charge sheet will be submitted as
and when the required documents are collected.
Under the above facts and circumstances, the I,O. found

prima facie case u/s 13(1)(d)(i)/13(1)(d)(ii) P.C. Act 1988 R/W
13(2) P.C. Act 1988 against A-Zoramthanga, former Chief
Minister S/o Darphunga (Late) of Ramhlun Venglai, Aizawl.
Hence, the I.O. made a prayer to send up A-Zoramthanga s/o

Darphunga (L) of Ramhlun Venglai, Aizawl for trial under the
aforesaid section of law. Charge Sheet received from the I.O.
was forwarded to the Court of Learned CJM by the OC, ACB
and it was received on 27.4.2012. The Charge-sheeted case

being triable by Special Judge (Prevention of Corruption, Act),
Mizoram, it was committed to D&SJ for trial. At that point of
time, the D&SJ, Aizawl Judicial District, Aizawl took charge of
Special Judge, Mizoram.
4. Since sufficient documents were not collected by the I.O.

regarding the alleged disproportionate assets to known source
of income of the accused, he stated that he would submit
charge sheet after collection of the required documents.
Supplementary Charge Sheet
5. In the course of investigation, requisition was issued to all

Banks within Aizawl city requesting them to furnish Account
sheets in the name of A-Zoramthanga, Smt. Roneihsangi
(wife), Ramthansiama (son) and Ms. MilariChhangte
(daughter). After pursuing the Account sheets, the Banks
Accounts maintained by the family members are as under :
Axis Bank
(1) Shri Zoramthanga 1 No.

(2) Smt. Roneihsangi
(3) Ramthansiama 2 Nos.
Chaltlang Rural, Aizawl
(1) Ramthansiama
(2) MilariChhangte
Vijaya Bank, Aizawl
(1)Shri Zoramthanga.

(3) Ramthansiama
SBI, Aizawl(Main) Branch
Shri Zoramthanga
SBI, Dawrpui Branch

(2) Milari
(3) Ramthansiama
HDFC, Aizawl Branch

(2) Shri Zoramthanga
(3) Ramthansiama
United Bank of India, Aizawl Branch
Shri Zoramthanga
Metlife Insurance Co. Ltd. Guwahati
(1) Pi Roneihsangi
(2) Ramthansiama
(3) MilariChhangte
HDFC Standard LIC
(1) Ramthansiama 3 Nos.

(2) MilariChhangte 2 Nos.
The total Balance of the above Bank Accounts including L.I.C.

accounts as on 15.9.2010 are Rs.441,32,623.00. Statements
showing accounts maintained by A-Zoramthanga and his family
members are enclosed as Annexure-I and the Account sheets
statements will be exhibited as and when required.

Affidavits of 2003 and 2008 declaring-Assets/Accounts by A-
Zoramthanga had been seized from D.C. Champhai. The copies
of the declarations are annexed hereto as Annexure II & III.
Mention may be made that Agriculture LSC G.44 of 1988 which
was owned by the accused at that time was not reflected which
showed the doubtfulness of his integrity. Similarly SBI A/C
No.1190013018 operated at Dawrpui Branch was not included
in the declaration which was operated during the relevant
period. LSC No. CPI-24 purchased from Smt. Lianthawmi
during the check period was not reflected in 2008 declaration.
List of Bank Accounts which are not reflected in 2008 Election
is enclosed as Annexure-III(A).
House search was made to the residence of A-Zoramthanga on

16.9.2010 and found certain land settlement certificates in his
name located at Maumual of Chaltlang, wife's name located at
Durtlang, located at Ramhlun Vengthar and other's name
located at Aii Puk and located at Champhai. The same were
seized in presence of witnesses. During search, list of house
hold properties were prepared as inventory memo. The
accused was requested to prepare the rate by which he had
purchased and from whom purchased, his letter
dated.27.10.2011 submitted to S.P. ACB by name revealed that
the price of house hold properties were Rs.6,25,500.00. The
said letter is enclosed as Annexure - IV.
Verification of LSCs held in the name of others had been done

and the following are the findings of I.O.-

(a) Agri. LSC No.G-55 of '92 in the name of Smt.
Ngurtawni W/o Zathanga(L) of RamhlunVenglai was
purchased from Smt. Ngurtawni on 25.6.2000 at
Rs.1,10,000.00. The name of Pass holder is not
changed till date
(b) On 1st Dec 2004 Agriculture LSC No.G-14 of 1998 in

the name of Shri Thanchhunga was purchased from
his brother-in-law Shri F. Lalramchhana at
Rs.1,00,000.00. The name of holder of LSC is
unchanged.
(c) Agri. LSC No.CPI.A.169 of 1991 in the name of Shri

Laihnuna of Champhai(Paddy field) was purchased by
A-Zoramthanga at Rs.3,70,000.00 in 2004. Mutation
of ownership not yet done.
(d) LSC No CPI-24 of 1984 at Rasiveng, Champhai was

sold to A- Zoramthanga by Smt. Lianthawmi in 2004
at the rate of Rs.5,00,000.00. Ownership is not
changed.
(e) LSC No.223 of 1993 at Chaltlang in the name of A-

Zoramthanga is allotted by Govt. in 1993.
(f) LSC No.103303/01/314 of 2004 Ramhlun Venglai is a

gift from father-in-law Shri R.L. Rohlira. Deed of
Agreement was signed between them on 18.4.2000.

However, LSC was issued in the name of Smt.
Roneihsangi W/o A-Zoramthanga.
(g) LSC No.AZL 341 of 1998 located at Maumual, Aizawl

was allotted to A-Zoramthanga by Government. It is
vacant land.
(h) LSC No. 1097 of 1995 located at Durtlang Mel 5 was

allotted to Smt. Roneihsangi by the Govt. It is vacant
land.
Hence the total expenditure for the purchase of AGRI LSC and
LSC is and LSC is Rs.10,80,000.00
5. A-Zoramthanga was requested to furnish cost of local T.V.,

Water Bill, Electric Bill and Phone Bill. His letter dated 17th
April, 2012 revealed that Rs.1,26,500.00 is the total
expenditure during check period and said letter is annexed
hereto as Annexure-V.
6. Similarly, A-Zoramthanga was also requested to furnish

probable expenditure of his children education abroad which he
had furnished as Rs.27,85,000.00.His letter Dt.29.10.2011 is
annexed hereto as Annexure-VI.
7. A-Zoramthanga according to his statement, he stated that he

had constructed farm house at Aii Puk in the year 2001 which
was assessed by PWD. Rs.8,16,200.00 is the expenditure,
however, this expenditure was incurred before check period.
Water Reservoir RCC was stated to have been constructed in

the year 2002 as per statement of A-Zoramthanga and the
expenditure for the same is Rs.1,93,000.00. The abstract
report duly signed by Estate Officer, PWD countersigned by EE,
PWD Aizawl Building Division is annexed hereto as Annexure -
VII.
8. A-Zoramthanga had constructed RCC Residential building at

Ramhlun Venglai which is in the name of his wife. According to
them, ground floor was constructed in the year 2002 and the
above floors are reported to have been constructed in the year
2006 and the said building was assessed by PWD
Rs.60,53,000.00 is the probable expenditure for the building.
Abstract of assessment is already annexed in Annexure VII
(above).
9. Extension of building at Chaltlang belonging to A-Zoramthanga

was done in 2003 and continued till 2009.As per assessment
made by PWD, Rs.56,04,300.00 is the expenditure for
extension of Chaltlang residential hostel building. Copy of
extract already annexed as above.
10. A-Zoramthanga is having 3(three) vehicle viz. Gypsy (Soft top),

Grand Vitara Car and Honda Car, Gypsy vehicle was purchased
by him in the year 2001 (before check period), Honda Car
bearing Reg. No.MZ-01/E-1549 was kept by him being
belonging to Shri P.P. John who admitted to have given to A-
Zoramthanga as a gift. Shri P.P. John is the proprietor of
Johnson Diesel Auto Service and TATA Motor dealer. He is also

Govt. approved supplier for machinery and allied items. A-
Zoramthanga while acting as Chief Minister of Mizoram
received a gift of one standard car clearly showed as abuse of
official position. Shri P.P. John also in his statement admitted
that he had given the car as gift. In regards to the purchase of
Grand Vitara Car, he (A-Zoramthanga) stated that he had
purchased Baleno car in 2005 being granted by the Govt. The
same was sold to Shri K. Lalrinliana Ex-MLA by Rs.5,00,000.00.
He then purchased Grand Vitara car with his money. Shri
Lalmalsawma, Proprietor of H.B. Motors had given the Case
I.O. certificate stating that the cost of Grand Vitara car during
2005 was Rs.18,13,000.00. The said certificate is annexed
hereto as Annexure VIII. Hence, A-Zoramthanga spent
Rs.18,13,000.00 - Rs.5,00,000.00=Rs.13,13,000.00 from his
own pocket. MZ-01/B-0007(Grand Vitara) MZ-01/E-
1459(Honda).
11. On request made by the I.O., the then Secretary, Presbyterian

Church, Zarkawt vide letter Di.28.3.2012 furnished donation
(Tithes) towards the Church by A-Zoramthanga w.e.f. April
2002 to Nov. 2008 as under:
April 2003 to March 2004 = Rs.24,000.00

April 2004 to March 2005 = Rs.24,000.00
March 2005 to March 2006 = Rs.24,000.00
April 2006 to March 2007 = Rs.24,000.00
April 2007 to March 2008 = Rs.16,000.00
Rs.600/- per month has been paid to the Church as record

available from 2007 is Rs.3000.00.

Hence, (Rs.1,58,000.00-Rs.38,000) = Rs.1,20,000.00 have
been paid as donation towards monthly Tithes. The I.O.again
requested the Church to furnish more clear and definite figures
which they could not. Letter of Church is annexed hereto as
Annexure - IX.
12. Smt. Roneihsangi w/o A-Zoramthanga had taken Bank loan of

Rs.25,00,000.00 from Vijaya Bank, Aizawl Branch on 1.3.2008
by mortgaging her LSC No.103303/01/314 of 2004. The said
loan was fully recovered as a result of which Rs.27,58,465.00
have been paid to the Bank on 19.2.2009. Hence,
Rs.2,58,465.00 is the interest credited by her, Letter dated
26.2.2009 issued by Vijaya Bank and the Account sheets are
annexed hereto as Annexure-X & XIA
13. A-Zoramthanga also had taken loan of Rs.5,00,000.00 from

Mizoram Legislative Assembly on 11.2.2003. The said loan was
liquidated on 10.2.2009 by paying an amount of
Rs.6,32,463.00. The interest from the principal amount is
Rs.1,32,463.00. Loan recovery statement is annexed hereto as
Annexure - XII.
A-Zoramthanga was requested to furnish house rent received

from his house at Chaltlang w.e.f. Nov 2003 to 15.9.2010. He
has submitted that Rs.3,55,000.00 is the house rent received
by him during the period. Letter dated 17.4.2012 from A-
Zoramthanga is annexed hereto as Annexure - XIII.

Pay statement of A-Zoramthanga from Dec 2003 to Feb 2006
obtained from the Under Secretary to the Government of
Mizoram, SAD revealed that Rs.6,88,500.00 is the salary for the
broken period. The same is annexed hereto as Annexure - XIV.
The pay statement for a period from March 2006 to 10th Dec
2008 has been furnished by Under Secretary -cum- P.S. to the
Chief Minister as Rs.8,49,740.00 and the same is annexed
hereto as Annexure – XIV(a). Salary of Nov 2003 is
Rs.25,500.00 as furnished by Under Secretary, SAD which is
enclosed as Annexure-XIV(b). Salary statement in respect of
Smt. Roneihsangi w/o A-Zoramthanga who is serving as LDC in
PWD, Electrical Division, Aizawl for the check period furnished
by E.E. PWD, Electrical Division as Rs.2,18,176.00 and the
same is annexed hereto as Annexure - XIV(e). Vide letter of
Under Secretary, Mizoram Legislative Assembly
No.LA/ACCT/20/96/216 Dt. 15th March, 2012. The pension pay
and allowances of A-Zoramthanga, former Chief Minister is
furnished as Rs.1,37,934.00 and the same is annexed hereto as
Annexure. XIV(d). Hence, the total salary income for the check
period of A-Zoramthanga and his wife is Rs. 12,31,350.00.
14. On requisitionmade by the I.O., Manager AXIS Bank vide his

letter Dt. 15th March, 2012 informed the details of three
Demand Drafts issued by them as under :
1) D.D. No.6183 Dt.26.2.2009 for Rs.30,00,000.00

2) D.D. No.6184 Dt.28.2.2009 for Rs.30,00,000.00
3) D.D. No.6185 Dt.26.2.2009 for Rs.30,00,000.00

favouring MetLife Insurance Co. Ltd. was issued by the Branch.
through Guwahati Branch on 20.3.2010 favouring
MetLifeInsurance Co. Ltd. Hence, Rs.180,00,000.00 was the
amount transferred to MetLife Insurance Co. Ltd. by Axis Bank
as life Insurance in the name of his children namely
Ramthansiama and Milari Chhangte who are studying abroad.
The LIC certificate issued by MetLife Insurance Co. Ltd. for
Rs.180.00 Lakhs has been obtained and order of seizure with
stoppage of its operation has been made to the MetLife
Insurance Co. Ltd. Letter issued by Axis Bank and LIC
certificate issued by MetLife Insurance Co. Ltd. are annexed
hereto as Annexure XV and XVI.
15. On going the statement of accounts furnished by HDFC Aizawl

Branch it is noticed that Rs.140,00,000.00 (Rupees one
hundred and forty lakhs) has been transferred by way of
cheque to the H.D.F.C. Standard L.I.C. as under :
1) No.0001513 Dt.03.4.2010 for Rs.50,00,000.00

2) No.0001511 Dt.22.4.2010 for Rs.20,00,000.00
3) No.0001512 Dr.22.4.2010 for Rs.30,00,000.00
4) No.0001519 Dr.29.6.2010 for Rs.20,00,000.00
5) No.0001520 DI.29.6.2010 for Rs.20,00,000.00
Rs.140,00,000.00
Demand had been made to H.D.F.C. LL.C. Guwahati for

furnishing the details of the L.L.C. The same has been
furnished by the SLIC which are enclosed as Annexure XVII.
The status report of the policies is as follows:
1) Ramthansiama No.13591609 for Rs.50,00,000.00

2) Ramthansiama No. 13631470 for Rs.20,00,000.00
3) Ramthansiama No. 13631474 for Rs.30,00,000.00
4) Milari Chhangte No.13749480 for Rs.20,00,000.00
5) Milari Chhangte No.13749395 for Rs.20,00,000.00
Order of seizure with stoppage of operation of SLIC policies

have been sent to the LIC Co. Ltd. vide letter No.
ACB/PS/C/No.9/2012 dated 1st Aug, 2012 which was
acknowledged by the Company. The Order of seizure with reply
are Annexed hereto as Annexure XVIII and XVIII(A).
16. On analysis of the assets and expenditures of A-Zoramthanga

and his family, the following statement has been prepared :
(a) Assets at the beginning of the check period -Rs.

52,87,887.65 (statement A enclosed as Annexure-XIX).
(b) Assets at the end of the check period - Rs. 4,67,01,123.00

(statement B enclosed as Annexure-XIX(a)).
(c) Income and other receipt during the check period - Rs.
52,81,110.00(statement C enclosed as Annexure-XIX(b)).
(d) Expenditure during the check period - Rs. 520,13,328/-

(statement D enclosed as Annexure-XIX(c)).
17. Proceeding U/S 17 & 18 of P.C. Act 1988 issued by S.P. ACB
authorizing the I.O. to take up investigation of this case is
annexed hereto as Annexure-XX.
Hence the income and expenditures are computed as under :
(1) Assets held on 15.9.2012(Statt B) - Rs. 4,67,01,123.00

(2) Assets held on 1" Nov. 2003(Statt A) - Rs. 25,84,187.65
(3) Assets acquired during C.P. - Rs. 4,41,16,935.35
(4) Expense during C.P (Statt D) - Rs. 5,21,03,328.00
(5) Total Assets & Expenses during C.P - Rs. 9,62,20,263.35
(6) Total Income during C.P.(Statt C) - Rs.52,49,350.00
(7) Extent of Disproportionate Assets - Rs.9,09,70,913.35
Percentage of DA=DAx100 = 1732.99%

Income
In view of the above evidences, a prima facie case u/s 13(1)(d)

P.C. Act r/w 13 1 (e) P.C. Act 1988 was found well established
against A-Zoramthanga S/o Darphunga(L) of RamhlunVenglai,
Aizawl by obtaining gift of Honda Car from Contractor while
serving as Chief Minister and also possessing Assets
disproportionate to his known source of income.
The I.O. made a prayer that A-Zoramthanga S/o Darphunga (L)

of Ramhlun Venglai, Aizawl be prosecuted under section
13(1)(d)/(e)/13(2) P.C. Act, 1988. Supplementary Charge
Sheet received from the I.O. was forwarded to the Court of
Learned CJM by the OC, ACB and it was received on 7.8.2013.
As the first charge-sheet was already committed to Special
Judge (Prevention of Corruption, Act), Mizoram, it was also
committed to D&SJ who was also Special Judge, for trial. At
that point of time, the D&SJ, Aizawl Judicial District, Aizawl
took charge of Special Judge, Mizoram.

Trial Proceeding
18. Copy of Police Reports was furnished to the accused through

his learned Defence Counsel.
19. As it was agreed by the learned Defence Counsel appearing for

the accused, charge was framed against the accused by the
predecessor on 23.7.2014. Charges were read and explained in
the language known to him, to which he pleaded not guilty and
claimed for trial.
20. In the first charge sheet, the I.O. cited as many as 29

witnesses and in the supplementary charge sheet he cited as
many as 25 witnesses. Out of the total number of witnesses of
54, the prosecution examined as many as 40 witnesses.
21. The witnesses examined by the prosecution are 1. PW-1

Inspector P.C.Lalrinmawia, 2. PW-2 Shri Lalnunthianga, 3. PW-
3 Shri Lalzarliana, 4. PW-4 Shri Lalramnghaka, 5. PW-5 Shri H.
Larinzuala, 6. PW-6 Shri Lalropuia Pachuau, 7. PW-7 Shri H.
Laltanpuia, 8. PW-9 Shri H. Lalnunzira, 9. PW-10 Shri H.
Lallura, 10. PW-11 Lalhuzauva, 11. PW-12 Shri V.Rosiama, 12.
PW-14 Shri C.Nikunga, 13. PW-15 Smt. Lachhuanmawii, 14.
PW-16 Shri H. Lalchhuanvawra, 15. PW-17 Shri Lalchhanliana,
16. PW-18 Shri R. Laltanpuia, 17. PW-19 Shri T. Ngurkhuma,
18. PW-20 Dr. Vanlalhruaia Hnamte, 19. PW-21 Shri F.
Sangkhuma, 20. PW-22 Shri Joseph Simon, 21. PW-23 Shri
C.Lalniliana, 22. PW-24 Dr. O.P. Singh, 23. PW-27 Smt. Julie
Lalrinzami, 24. PW-28 Smt. Lalrochami Ralte, 25. PW-30 I.O.

C.Vanramlawma (He was partially examined by the
prosecution. As no opportunity was given to the
defense counsel for cross-examination, his statement
has been expunged as per the Order passed by this
Court dated 15.9.2021). 26. PW-31 Smt. Lalengmawii, 27.
PW-32 Smt. Kawlhmingliani, 28. PW-33 Shri L. Nghakliana, 29.
PW-34 Shri Zoramchhana, 30. PW-39 Shri CH Lalnunchama,
31. PW-40 Smt. Sailuti, 32. PW-41 Shri Lalhmahruaia Zote,
33. PW-42 Lalramzauva, 34. PW-44 Shri Lalzamliana, 35. PW-
48 F. Lalramchhana, 36. PW-50 Er. Lalhmasaa, 37. PW-51 Er.
Lalawmpuii, 38. PW-52 Shri P.C. Lalrinmawia, 39. PW-53 Shri
JH Lalrimawia and 40. PW-54 Shri John L. T. Sanga. It is
pertinent to mention here that 1. PW-25 Shri Zahlira Hrahsel
(DAO, Mamit), 2. PW-36 Shri P.C. Zaingena, 3. PW-43 Shri
Lalmalsawma (Proprietor of HB Motors) and 4. Shri Rohuapa
(Sr. Manager, Vijaya Bank, Aizawl) had expired during the
course of trial.
22. After the prosecution evidence was closed, the accused was
examined u/s 313 CrPC. The accused examined himself as
defence witness to prove his innocence.
Points for Determination
23. The points for determination are as follows :-

a) Whether A-1 Zoramthanga was a public servant.
b) Whether prosecution sanction against him was obtained
from the competent authority.

c) Whether examination-in-chief of the I.O. Dy. SP
C. Vanramlawma can be admitted into evidence without
offering opportunity of cross-examination to the accused.
d) Whether non-examination of the I.O. is fatal to the instant
case.
e) Whether the FIR filed by the E.O. is a substantive piece of
evidence. How far the prosecution has proved that the
accused had abused his position as CM or Agriculture
Minister by misappropriating Govt. money for procurement
of fencing materials for Aii Puk Farms at Neihbawih,
Sihphir.
f) Whether the accused is liable to be convicted u/s 13(1) (d)
(i)/(ii) read with 13 (2) of P.C. Act.
g) Whether the prosecution has proved that the assets found
in the alleged possession of the accused were
disproportionate to his known source of income.
h) Whether the accused is liable to be convicted u/s 13(1) (e)
read with 13 (2) of P.C. Act.
24. ―Section 13 of Prevention of Corruption Act, 1988.
Criminal misconduct by a public servant.—(1) A public

servant is said to commit the offence of criminal
misconduct,—
(a) if he …………….
(b) if he …………….
(c) if he …………….
(d) if he,—
(i) by corrupt or illegal means, obtains for himself or for
any other person any valuable thing or pecuniary
advantage; or
(ii) by abusing his position as a public servant, obtains

for himself or for any other person any valuable thing or
pecuniary advantage; or
(iii) while holding office as a public servant, obtains for

any person any valuable thing or pecuniary advantage
without any public interest; or
(e) if he or any person on his behalf, is in possession or

has, at any time during the period of his office, been in
possession for which the public servant cannot
satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income.
Explanation.- For the purposes of this section, ―known

sources of income‖ means income received from any
lawful source and such receipt has been intimated in
accordance with the provisions of any law, rules or orders
for the time being applicable to a public servant.
(2) Any public servant who commits criminal misconduct

shall be punishable with imprisonment for a term which
shall be not less than one year but which may extend to
seven years and shall also be liable to fine.‖
25. The essential ingredients of Section 13(1)(d) of the PC Act are:
(i) That the accused person is a public servant;

(ii) That he should have used corrupt or illegal means or
otherwise abused his position as such public servant, and
(iii) That he should have obtained a valuable thing or pecuniary

advantage for himself or for any other person.
26. In order to prove the charge under Section 13(1)(e) of the PC

Act, 1988, the prosecution must prove the following
ingredients, namely (1) the prosecution must prove that the
accused is a public servant, (2) the nature and extent of the
pecuniary resources or property which are found in his
possession, (3) it must be proved as to what were his known
sources of income i.e. known to the prosecution, (4) it must
prove quite objectively that the resources or property found in
possession of the accused were disproportionate to his known
source of income. The prosecution should also establish that
the disproportionate assets should be proved during the period
the public servant in public office. Once the above-mentioned
ingredients are satisfactorily proved, the offence of criminal
misconduct under Section 13(1)(e) of the PC Act, 1988 is
complete, unless the accused is able to account for such
resources or property and it is only thereafter the burden shifts
to the accused to prove his innocence.
A r g u m e n t s A d d r e s s e d B y Ld. C o u n s e l s
27. The learned PP Shri Joseph Lalfakawma submitted that there is

a case against the accused and it is supported by the evidences
recorded by this Court. In the circumstances, he has made a

prayer to pass conviction against the accused and sentence
him to suffer maximum imprisonment provided by law.
28. On the other hand, the learned Defence Counsel Shri W.

Joseph submitted that the allegations framed against the
accused are vague and baseless. According to him, when the
first charge sheet was submitted by the I.O. C.Vanramlawma
Dy. SP, he mentioned that a number of documents were seized
in connection with this case, but none of the documents were
admitted into evidence. He further submitted that the same
I.O. submitted the supplementary charge sheet, but both the
charge sheets were not proved as required by law. As the I.O.
was not in a position to appear before the Court for the
purpose of cross-examination by the defence counsel, partial
evidence adduced by him in respect of the charge sheet also
cannot be given any weight while discussing the prosecution
evidence adduced by the prosecution. He also pointed out that
when the E.O. PC Lalrinmawia (PW-52) was examined by the
prosecution for the second time certain documents were
exhibited but those documents were not proved as required by
law. To support his contention, he pointed out the observation
made by the Apex Court in the case of Kaliya Versus State of
Madhya Pradesh(2013) 10 SCC 758. It was also pointed out
that the prosecution is to prove their case beyond reasonable
doubt. At this, he pointed the decision of the Apex Court in the
case of Rabindra Kumar Dey v. State of Orissa, (1976) 4 SCC
233.

Decisions And Reasons thereof
29. The first question that has emerged for consideration is

whetherA-1 Zoramthanga was a public servant. The accused
having held the position of CM during 1998-2003 and 2003-
2008, was a public servant in view of Section 2(c)(i) of PC Act,
1988. The Constitution Bench of the Apex Court in the case of
M.Karunanidhi v. Union of India (1979 AIR 898) also held that
a Chief Minister is a public servant.
30. The second question that has emerged for consideration is

whether previous sanction is required for prosecution of the
accused. A mere perusal of Section 19 of the Act requires
previous sanction for prosecution of accused. The object of
sanction for prosecution is to protect a public servant
discharging official duties and functions from harassment by
initiation of frivolous retaliatory criminal proceedings. In the
instant case, there is no previous sanction filed along with the
charge sheet. However, this question was not raised by the
accused at any point of time either before taking cognizance or
during trial.
31. The third question that has emerged for consideration is

whether the record of examination-in-chief of the I.O.
C.Vanramlawma, Dy. SP can be admitted into evidence without
offering opportunity of cross-examination to the accused.
Dy. SP C. Vanramlawma who is I.O. of the case came to this

Court to give evidence on 23.04.2019, 14.08.2019 and

30.8.2019.His examination-in-chief was recorded. However, his
cross-examination was deferred. In this connection, the
following order 30.08.2019 passed by this Court is shown
below:-
―The learned Public Prosecutor and defense Counsel are

present. Stage of the case is for cross-examination of
Prosecution Witness No. 56.
The PW No. 56 is present. Examination-in-chief of the PW
is completed. Cross-examination is deferred as per prayer
of the learned defence counsel.
As prayed for, issue summons to PW 56.

Fix: 23.9.2019 for cross-examination of PW 56.
Sd/-
SPECIAL JUDGE‖
On 23.9.2019, Dy. SP C.Vanramlawma appeared. The following

order dated 23.9.2019 passed in connection with the case is
shown below.
―The learned Public Prosecutor and defense counsels are

present. Stage of the case is for cross-examination of
Prosecution Witness No. 56.
The PW No. 56 is present. Cross-examination is deferred

as per prayer of the PW who submitted that he is not well.
As the PW is under treatment on account of the stroke he
had suffered, the learned PP submitted that other PWs
may be examined in the meantime until the condition of
the PW is improved. The learned PP further prayed that he
may be granted some time so as to get himself acquainted
with the case.
The prayer of the learned PP is allowed considering the

fact that he had taken up the assignment few days before.
Fix : 23.10.2019 for prosecution evidence.
Sd/-
SPECIAL JUDGE‖
On the prayer of the prosecution, summons was issued to the

I.O. C.Vanramlawma as PW-30 on 01.09.2021.Order dated
01.09.2021 passed by this court is shown below.
―Learned PP Shri Joseph Lalfakawma and Learned Defence

Counsel Shri W. Sam Joseph are present.
The PW No. 28 is present. She is examined, cross

examined and discharged.
Issue summons to PW No. 30 as prayed by the

prosecution.
Fix : 01.09.2021 for prosecution evidence.
Sd/-
SPECIAL JUDGE‖
As the I.O. failed to appear on 01.09.2021, this court passed

the following order.
―Learned Addl. PP Shri C.Lalrinchhunga and learned

Defense Counsel Shri W. Sam Joseph are present. Stage of
the case is for evidence of PW No. 30 (Shri C.
Vanramlawma, IO).
The Addl. PP Shri C.Lalrinchhunga has submitted a copy of

letter No. ACB PS Case No. 9/2010/118 dated 01.09.2021
in which the Director, ACB has stated that the Department
tried to bring the witness for cross-examination. Even the
witness was informed that departmental vehicle as well as
police personnel assistant would be provided to him.

I have perused the records and found that examination-in-
chief had already been recorded by my predecessor on
different dates. Summons was issued upon the witness
through ACB on 17.08.2021 for cross-examination. I was
verbally informed by the learned Addl. PP that this witness
suffers Stroke. But, there is no medical Certificate to this
effect.
There are three ways to give evidence. First is physical

presence in the Court. Second is through video
conferencing and third is taking evidence by Commissioner
to be appointed by this Court.
I have perused the Charge sheet and evidence on record. I

find that sufficient materials have been brought to this
Court. As stated above, evidence had also been taken and
put it on record.
The learned defense counsel Shri W.Sam Joseph submits

that if cross examination cannot be done, the examination-
in-chief cannot be relied upon. He relies upon the decision
of the Apex Court in Sunita & Ors Versus Rajasthan State
Road Transport Corporation & Anr. Reported in 2019 AIR
(SC) 994. It is also stated at Para 29 of the case reported
in 2019 legal Eagle (SC) 173.
„29. The importance of cross-examining a witness

has been elucidated by this Court on several
occasions, notably in Kartar Singh Vs. State of
Punjab, (1994) 3 SCC 569 where a FiveJudge Bench
of this Court elaborated:
“278. Section 137 of the Evidence Act defines what

cross examination means and Sections 139
and 145 speak of the mode of cross-examination
with reference to the documents as well as oral
evidence. It is the jurisprudence of law that cross-
examination is an acid-test of the truthfulness of
the statement made by a witness on oath in
examination-in-chief, the objects of which are:

(1) to destroy or weaken the evidentiary value of
the witness of his adversary;
(2) to elicit facts in favour of the cross examining

lawyer's client from the mouth of the witness of the
adversary party;
(3) to show that the witness is unworthy of belief

by impeaching the credit of the said witness; and
the questions to be addressed in the course of
cross- examination are to test his veracity; to
discover who he is and what is his position in life;
and to shake his credit by injuring his character.
279. The identity of the witness is necessary in the

normal trial of cases to achieve the above objects
and the right of confrontation is one of the
fundamental guarantees so that he could guard
himself from being victimized by any false and
invented evidence that may be tendered by the
adversary party.” (emphasis supplied) The High
Court has not held that the respondents were
successful in challenging the witnesses‟ version of
events, despite being given the opportunity to do
so. The High Court accepts that the said witness
(A.D.2) was cross examined by the respondents but
nevertheless reaches a conclusion different from
that of the Tribunal, by selectively overlooking the
deficiencies in the respondent‟s case, without any
proper reasoning.‟
It is fairly suggested by the learned Addl. PP Shri C.

Lalrinchhunga that witness Shri C.Vanramlawma be
referred to Medical Board for assessing his capability of
answering questions in a rational manner. The learned
defense counsel has no objection.
I have also agreed with the suggestion made by the

learned Addl. PP. hence, the Medical Board, Civil Hospital,
Aizawl is directed to examine Shri C.Vanramlawma R/o
Dintar, Aizawl and submit a report within 2 (two) weeks

from the date of issue of this order as to whether he is fit
to depose before the Court.
Next Court date will be fixed on receipt of the report.‖

Sd/-
SPECIAL JUDGE‖
The letter produced to this Court by the Addl. PP Shri

C.Lalrinchhunga is shown as under.
―To,
The Addl. Public Prosecutor,

Special Court
Aizawl, Mizoram.
Subj: Inconvenience of Pu Vanramlawma, Case

Investigating Officer in C/W ACB PS/C.No.
9/2010 Dt. 15.9.2010, U/S 477A/201/109 IPC
R/W 13 (2) PC Act 1988 R/w 13 (2) PC Act 1988
R/w 13 (1)(b)(c)(d) PC Act 1988 to appear
before the Court on 1.9.2021 @ 11 Am.
Sir,
I am to inform you that Pu Vanramlawma Dy SP

(Rtd), Case I/O in connection with the above mentioned
case is learnt to be unable to give evidence before the
court of Special Judge today the 1St September 2021 at
11:00 AM due to health problem.
In this regard, it is to mention that Summons

have been issued to Pu Vanramlawma Case I.O. of the
mentioned case on the following dates Dt. 23.04.2019,
27.05.2019, 30.05.2019, Dt. 14.08.2019 and Dt.
30.08.2019 and learned that that Pu Vanramlawma has
given his statement on Dt. 23rd April,2019, 14th August,
2019 and on Dt. 30th Aug 2019 before the Hon‘ble Special
Court, but left the Court before completion of Cross
Examination of his statement due to health problem.

On dt.18th Aug, 2021 the 6th Summon issued by
the Special Court to Pu Vanramlawma on Dt. 18.08.2021
itself by S.I. Lalhlimpuii of ACB who informed him that he
would be provided departmental vehicle for conveyance on
the Court date i.e. 1st Sep 2012 at 11:00 Am if needed. Pu
Lalsanglura MPS. SP ACB also visited Pu Vanramlawma at
his residence and informed him that he would be provided
departmental vehicle for his conveyance including police
personnel assistant if needed. Pu Lalsanglura MPS, SP ACB
also told him that the Hon‘ble Special Judge could make
arrangement for Camp Court at his residence if needed. Pu
Vanranlawma told Pu Lalsanglura MPS, SP ACB that he
would try to appear before the Hon‘ble Special Court on
the 1st Sept 2021 if he is not having serious health
problem. But it is found that he is unable to appear before
the Court today i.e. Sept 2021 for Cross Examination of his
statement due to serious health problem.
It is requested that another chance may kindly

be given to Pu Vanramlawma for Cross Examination of his
statement before the Hon‘ble Special court and the same
may be moved to the Special Judge from your end please.
Yours faithfully,
Sd/-
(DINGLUAIA) MPS
Director
Anti-Corruption Bureau
Mizoram, Aizawl‖
On receiving report of the Medical Examination Board from the

Medical Superintendent, Civil Hospital, Aizawl, an order was
passed on 15.09.2001.
―Case record put up on call. I have received report of the

Medical Examination Board from Medical Superintendent,
Civil Hospital.

In the Medical Certificate, it is stated that the Medical
Examination Board consisting of Dr. Lalhmuchhuaka,
Chairman, Dr. Thanchungnunga, Member and Dr. Saia
Chenkuala, Member, Board of Medical Examination, Aizawl
District, Aizawl, Mizoram, the Board considered
C.Vanramlawma to be having profound Physical,
Neurological Impairment and Moderate Dementia and
found that the incumbent to be unfit to appear before the
Court.
The learned Addl. PP Shri C.lalrinchhunga and the learned

Defence Counsel Shri W.Sam Joseph are present.
The learned Addl. PP has made a prayer to drop Shri C.

Vanramlawma (PW-30 in main charge sheet and PW-56 in
supplementary charge sheet). Meanwhile, the learned
defense counsel submitted that he was not given
opportunity to cross-examine the said witness and prayed
the Court to expunge the examination-in-chief already
recorded from the case record.
After hearing both sides, in view of the Medical

Examination Board Report submitted by Medical
Superintendent, Civil Hospital, Aizawl and the decision of
the Apex Court in Sunita & Ors. Versus Rajasthan State
Road Transport Corporation & Anr. Reported in 2019
AIR(SC) 994, I allow the prayer of the learned Addl. PP
and also agree with the submission of the learned defence
counsel.
The learned Addl. PP has made a prayer to close the

prosecution evidence.
Prayer is allowed.
Fix : 17.09.20121 for examination of the accused U/s 313

Cr PC.
Sd/-
SPECIAL JUDGE‖

In the circumstances, the record of examination-in-chief of I.O.
C.Vanramlawma Dy. SP as PW-30 cannot be admitted into
evidence for the reasons stated above.
32. The fourth question that emerges for consideration is whether

non-examination of the I.O. C.Vanramlawma, Dy. SP is fatal to
the instant case.
As the record of evidence of I.O. C.Vanramlawma is expunged,

I consider him as having no evidence. However, non-
examination of the I.O. is not fatal if prejudice is not caused to
the accused.
The Hon‘ble High Court of Patna (Now Jharkhand); 2004 Cri LJ

held that
―No doubt, the investigating Officer has not been

examined in this case but non-examination of the
investigating Officer cannot be fatal for the instant case
when the involvement of the accused in committing the
murder has fully been established by the evidence of eye-
witness, which is conformity with the case made out in the
first information report and also the medical evidence.
Thus the prosecution case should not fail in the case at
hand for non-examination of the Investigating Officer.
Nothing has been coming forward to indicate the prejudice
being caused to the accused in absence of the
investigating Officer. That being so, the full-proved case
from every angle cannot be thrown away.‖
In my view, it is safe to discuss on the evidences of other PWs

to find whether the case of prosecution is satisfactorily proved.

33. The fourth question that emerges for consideration is whether
the FIR lodged by the EO is a substantive piece of evidence
and how far the prosecution has proved that the accused had
abused his position as CM or Agriculture Minister by
misappropriating Govt. money for procurement of fencing
materials for Aii Puk Farms at Neihbawih, Sihphir. The Apex
Court in the case of Pandurang Chandrakant Mhatre & Ors. V.
State of Maharashtra (in CRIMINAL APPEAL NO. 986 OF 2007)
held as follows:-
―29. It is fairly well settled that First Information

Report is not a substantive piece of evidence and it can be
used only to discredit the testimony of the maker thereof
and it cannot be utilized for contradicting or discrediting
the testimony of other witnesses. In other words, the First
Information Report cannot be used with regard to the
testimony of other witnesses who depose in respect of
incident…….‖
In the present case, it is reiterated that the EO who held

enquiry is the one who lodged the FIR. The FIR is marked and
exhibited as Exbt-P-1 and Exbt P-1-A is his signature. As stated
in the above decision of Apex Court, the FIR lodged by the EO
has no evidentiary value. However, the FIR being the earliest
version of the case of prosecution, it must be placed before the
Judge to weigh the truth or falsity and for corroboration and
contradiction of the story of the maker of the information.
Though the allegation made against the accused is that the

accused had misappropriated government money for
procurement of fencing for Aii Puk Farms, but from the
evidence adduced by the prosecution it is clear that no illegality
or irregularity was committed by the accused in issuance of 30
rolls of G.P. wire mesh and 600 Nos. of Angle Iron Posts to the
Aii Puk Farmers‘ Association.
All the Aii Puk farmers who are made prosecution witnesses
deposed that the materials had been utilized for the purpose of
fencing along the main road for protection of crops from theft
and not for fencing of individual gardens. It is not illegal to
issue fencing materials to the needy farmers. Let me peruse
the records of deposition so as to enable me to come to
conclusion how the fencing materials were utilized by the Aii
Puk Farmers‘ Association.
In the cross-examination of PW-3 Lalzarliana, he stated as

follows:-
―It is a fact that for the purpose of getting assistance from

the Agriculture Dept. Govt. of Mizoram, the Farmers‘ who
were having their garden lands in compact area, had
formed the Association as advised by Pu HL.Chhuanvawra,
the then Deputy Director, Horticulture Dept. In fact, he
himself had owned a garden land in the same area i.e.,
AiipukZau.
Our garden lands were located below the Aizawl-Silchar

road.
The usual practice as adopted by Agriculture Dept. is to

give the necessary implements for gardening to the
gardeners/farmers at 50% subsidy, and in certain

deserving cases, such implements were also given free of
cost.
It is a fact that supply of the said implements such as

angle iron post and goat proof wire mesh at the instance
of some of our members was for the good and in the
interest of all of us as a number of theft cases occurred in
respect of the Agricultural products from such gardens.
It is a fact that the materials supplied by the Govt. were

not sufficient for the purpose of fencing the whole length
along the main road.
It is a fact that giving of such implements/materials for

giving assistance to the farmers at 50% subsidy was not at
all illegal and the same was fully in accordance with the
established practice under the State Govt.‖
PW-4 Shri Lalramnghaka stated in his examination-in-chief:-
―I received 44 nos. of iron posts and two rolls of wire

mesh and the same were utilized for fencing the said
Aiipuk Zau land at the roadside.‖
In the cross-examination, PW-4 Shri Lalramnghaka stated as

follows:-
―The distance of the Aiipuk Zau from Neihbawi would be

around 3 kms towards Silchar on the Aizawl-Silchar road.
Though it has been indicated in the statement purported

to be my statement before the case IO and in my
examination in chief that I had received 44 nos. of iron
post and 2 rolls of wire mesh, what I had actually received
and utilized is much more. Since the stretch of the garden
land looked after by me is/was about 80 mts. along the
road, I had utilized more than two rolls of wire mesh and
about 60 nos. of iron post for fencing along the road.

It is a fact that I have no proper information as regards
the allegation made against accused Pu Zoramthanga, ex-
CM, however, whatever I know is that I was given the said
materials as mentioned earlier and that the same have
been utilized by me for the said purpose of fencing.‖
In the cross-examination, PW-5 Shri H.Lalrinzuala stated as

follows:-
―It is a fact that the goat proof wire mesh supplied to the
society was utilized for fencing along the main road and
not the individual gardens.
It is a fact that due to fencing of the garden along the

main road, we the owners of garden lands below the main
road also were benefited by the said fencing.
It is a fact that we did not receive the fencing material as

individual land owners for our own garden as the same
were to be used for fencing along the main road in order
to prevent intruders from entering such gardens.
It is a fact that fencing of garden was not only for the

garden of Pi Roneihsangi wife of the accused.‖
PW-6 Shri Lalropuia Pachuau stated in his cross-examination:-
―Before I resigned from the post of Store in-charge, DAO,

Aizawl West on 1st April 1995, I worked in the Agriculture
Dept. for about 13 years and 4 months. During this period
I worked mostly as Store in-charge and for a short period
as Bill Assistant.
During my tenure as stated above, I knew that number of

agricultural implements/materials used to be given to such
agriculturists/farmers free of cost under a scheme known
as ‗Assistance to Small Marginal Farmers‘ and a number of
such implements were also issued to farmers on subsidy.

After I had resigned from my said post I started working
as a farmer having my own garden at AiipukZau where Pu
Zoramthanga and his family also had their agriculture
farm.
Since I knew that it was possible to get assistance in

respect of such agricultural implements, we had formed an
association known as ‗Aiipuk Farming Association‘ in which
I was one of the Advisers for the purpose of obtaining
assistance from the Govt. In this connection it may be
stated that I had earlier approached the DAO concerned
who informed me that no such assistance could be given
to individuals except to an association of farmers or of
farming society.
Though my garden land was at a faraway distance from

the Aizawl-Silchar road, I knew that proper fencing along
the road would be of great help even for me since some
persons used to enter our said garden lands and commit
theft on our agricultural produces.
Pi Roneihsangi, wife of Pu Zoramthanga was also one of

the Advisers of the said association and we used to discuss
ways and means of obtaining govt. assistance for the
purpose of properly fencing at least along the main road.
Pursuant to our discussion Pi Roneihsangi had informed Pu
Lalnunthianga (the then Addl. PS to CM) to enquire as to
whether any such material would be available. On his
enquiry, the dept. concerned had positively responded and
immediately supplied 660 nos. of angle iron posts and 30
rolls of goat proof wire mesh to us and deposited the same
by using the departmental vehicles such as one tractor and
one truck as permitted by the departmental norms.
I firmly believe that the accused Pu Zoramthanga did not

have any involvement in the said supply of agricultural
implements to Aiipuk Farmers Association/Aiipuk Farming
Society as he was not involved in the discussions by the
office bearers of the said association/society.‖

―The said materials such as 660 nos. of angle iron posts
and 30 rolls of goat proof wire mesh were fully utilized for
fencing of the said gardens along the Aizawl-Silchar road.
However, the same was not sufficient for fencing even the
whole length along the road. None of the individual
beneficiaries could use the said materials for fencing of
their individual gardens.‖
PW-7 Shri H.Laltanpuia in his cross-examination stated as

follows :-
―As far as I know the goat proof wire mesh supplied to the
farming society by the Agriculture Dept. was for fencing
along the main road and for protecting such gardens from
theft and not for fencing of individual gardens
I know that the said materials were properly utilized for

the purpose for which it was given‖
―As my garden is located at a far distance from the main

road, I did not have any direct benefit from the said
fencing.‖
PW-9 Shri H. Lalnunzira in his cross-examination stated as

follows :-
―It is not a fact that I am one of the beneficiaries of the

allotment of angle iron and wire mesh purchased by the
said Association from the Agriculture Department as the
same was for fencing along the road prevent theft of the
Agricultural products from such Farms‖
PW-10 Shri H.Lallura in his cross-examination stated as

follows :-
―It is a fact that in the list showed by Pu C. Vanramlawma

it is not written/mentioned that 44 nos. of angle iron and
two rolls of wire mesh were given to me or in my name.

I do not know that C. Vanramlawma had shown me any
such list of beneficiaries though written in my examination
in chief.‖
PW-11 Shri Lalhuzauva in his cross-examination stated as

follows :-
―My garden land is located just below the present Synod

Camping Centre within Aiipuk Zau. I was not informed as
to how and when the Aiipuk Farming Association was
formed. However, I was later informed that my name was
also included.
It is a fact that I did not see any list of the Aiipuk Farming
Association members.
It is a fact that I was not shown any list of beneficiaries of

the said Farming materials such as angle iron posts and
goat proof wire mesh. I was not even informed that I had
received 44 nos. of angle iron posts and 2 rolls of wire
mesh though it was recorded as if I was shown the list of
such beneficiaries.‖
PW-12 Shri V.Rosiama in his cross-examination stated as

follows :-
―My garden is/was located at a far distance down from the

main road and it was safe from theft by passers-by. As a
result I was not concerned as to the said supply of
materials for the safety of the garden products from theft.
It is a fact that I was not shown by the case I.O. the list of
members of the Association where my name was also said
to be included and where I was said to have given 44 nos.
of angle iron posts and 2 rolls of goat proof wire mesh.
It is a fact that no such document as alleged by the case

I.O. was shown to me on the date when I was required to
give my statement i.e. on 18.02.2011.‖

PW-14 Shri C.Nikunga in his cross-examination stated as
follows :-
―It is a fact that for the safety of the products from the
gardens of landowners within Aiipuk Zau from theft by
those passers-by it was proposed that fencing should be
made along the main road and for the said purpose the
Agriculture Department was approached by our
representatives. Thereafter the materials such as angle
Irons and goat proof wire mesh were supplied to us by the
Department. However, I have no idea as to how the said
materials were given to us whether it was purchased by
our representatives or given to us free of cost.‖
PW-16 Shri H.Lalchhuanvawra in his examination-in-chief

stated as follows :-
―I owned garden land at Aii Puk Area. The land is in the

name of my mother Ngurtawni (L). The land of the
accused is bordering my land. Sometime in the year 2001,
my employees in my said farm received some angled iron
post free of cost from the Aii Puk Farmers‘ Association. I
do not remember the exact number. Later, I sold the land
sometime in the year 2008 to Mizoram Synod.‖
PW-16 Shri H.Lalchhuanvawra in his cross-examination stated

as follows :-
―Though I am the owner of garden land within Aii Puk Zau

I hardly visited my said garden land which I held in the
name of my late mother. It is a fact that some few angled
iron posts were supplied to me through the Association
which I had utilized for the sad purpose of fencing.‖
PW-19 Shri T.Ngurkhuma was posted as AAI in the Office of

DAO, Aizawl West at the relevant time.
In his cross-examination he stated as follows :-

―It is a fact that such agricultural implements used to be
issued to the needy farmers individually or as a society on
several occasions as and when the materials are available
in the store/storeroom. It is a fact that giving of such
angled iron post and wire mesh at 50% subsidy to the
member of Aii Puk Farmers Society was not something
special or special favour being given to the said farmers.‖
PW-23 Shri C. Lalniliana was posted as DAO, Aizawl West at

the relevant time.
In his cross-examination, he stated as follows :-
―It is a fact that the agricultural implements collected by

the Department are usually given out to the farmers on
subsidy if not given out free of cost.‖
PW-24 Dr. O.P. Singh was posted as Director of Agriculture

and Minor Irrigation Department at the relevant time. He
stated in his cross-examination;
―It is a fact that the agricultural implements collected by

the Department are given to needful farmers on subsidised
rate or even free of cost.‖
It is a fact that the angled iron post and wire mesh were
procured from fund received under Centrally Sponsored
Scheme and the same can be given out free of cost to
particular project.
It is a fact that angled iron post and wire mesh were given
to Aii Puk Farmers‘ Association and not to private person.
Selling of the angled iron post and wire mesh on 50%

subsidy was not illegal as it was approved by the
Government.‖

The accused as DW-1 stated in his examination-in-chief:-
―I remember that Dr. O.P. Singh, the then Director of

Agriculture was about to issue those fencing materials to
AiiPuk Farmers Association on the basis of requirement
made by those farmers through my Additional PS, Pu
Lalnunthianga. I told the Director that if there is a
provision for supplying of those fencing materials the same
may be issued on subsidy for the benefit of those
farmers. In fact, under the Scheme known as Assistance to
Small Marginal Farmers, those farming implements could
be issued to those farmers on 50% subsidy or even free of
cost depending upon the availability of the materials. Since
the said materials were utilized for the common good or
benefit of those farmers I am fully convinced that I had
not acted in violation of any law in helping those farmers
as the Chief Minister at that point of time. In other words,
the allegation that I had misused my position as the Chief
Minister in helping those farmers to procure the said
fencing materials was totally baseless. I have been falsely
implicated in this case and I am a victim of Political
Vendetta. This can well be borne out by the statements of
Shri Lalzarliana (PW No.3), Shri Lalropuia Pachuau (PW
No. 6) and Dr. O.P Singh (PW No. 24) in their cross-
examinations.‖
In view of the above facts and circumstances, it is my

irresistible conclusion that there is a provision for giving out
those fencing materials for the benefits on subsidy for the
benefit of needy farmers under the scheme known as
Assistance to Small Marginal farmers. In fact, under the
scheme, those farming implements could be issued to Aii Puk
Farmers‘ Association on 50% subsidy or even free of cost
depending upon the availability of the materials. Mention may
be made in this regard that the Aii Puk Farmers‘ Association
applied to the Agriculture & Minor Irrigation Department for

Angle Iron posts and G.P. Wire Mesh and the same were given
to the Association. The Aii Puk Farmers‘ Association utilized the
materials received from the Agricultural & Minor Irrigation
Department for fencing along the main road to protect their
crops from theft. This can well be borne out from the evidence
adduced by the prosecution witnesses. The accused had not
acted in violation of any law in helping those Aii Puk farmers as
the CM at that point of time. Therefore, the prosecution has
not proved that the accused had abused his position as CM or
Agriculture Minister by misappropriating Govt. money for
procurement of fencing materials for Aii Puk Farms at
Neihbawih, Sihphir.
34. I am of the considered view that the accused is not liable to be

convicted u/s 13(1)(d) (i)(ii) read with 13(2) of PC Act. Hence,
the fifth question is decided in favour of the accused.
35. The sixth question that has emerged for consideration is that
whether the assets found in the possession of the accused
were disproportionate to his known source of income.
36. In this connection, I would like to reproduce the section

13(1)(e) PC Act.
(e) If he or any person on his behalf, is in possession or has,

at any time during the period of his office, been in
possession for which the public servant cannot
satisfactorily account, of pecuniary resources or property
disproportionate to his known resources of income.
37. It is reiterated that Section 13(1)(e) of the Act postulates that
he must have been a public servant and he must be found to
be in possession of, by himself, or through any person on his
behalf, at any time during the period of his office, been in
possession for which the public servant cannot satisfactorily
account, of pecuniary resources or property disproportionate to
his known resources of income.
38. The EO Inspector P.C.Lalrinmawia as PW-52 was examined by

the prosecution in respect of the supplementary charge sheet
i.e. alleged disproportionate assets to known source of income
of the accused. It is clear that the EO did not know anything
about the supplementary charge sheet filed by the I.O. It is
clear that the alleged disproportionate assets to known source
of income of the accused are not proved by the EO.
PW-52 Inspector P.C. Lalrinmawia is the EO in this case. He

stated in his cross-examination;
―It is a fact that my statement was not recorded in connection

with the Supplementary Chargesheet by the Case IO.
I do not file any complain with regard to the supplementary

chargesheet.
I was not informed by the Case IO that I was included in the

list of witnesses in the Supplementary Chargesheet. I presume
that I was listed as PW as I was the Enquiry Officer.
Though I was not informed, I have been listed as a Seizure

Witness.

It is a fact that I have been listed as both Complainant and
Seizure Witness in the present case.
I do not know anything regarding submission of the

Supplementary Chargesheet.
I also do not know the contents of the Supplementary

Chargesheet.
It is a fact that the enquiry was conducted by me as I was

endorsed to be the Enquiry Officer by S.P., ACB. The ACB was
directed by the Addl. Secretary, Vigilance Department, GOM, to
conduct the enquiry.
It is a fact that the Vigilance Department at that time was

under the portfolio of the then Chief Minister Pu Lalthanhawla.
It is not a fact that the enquiry was conducted perfunctorily

and at the instance of my superiors.
It is not a fact that the motive behind the enquiry was to

tarnish the political image of the accused by the then Chief
Minister Pu Lalthanhawla as a political vendetta.
No additional FIR was filed by me other than the FIR dated

15.09.2010.
The documents that allegedly seized from me (Sl. No. 1 to 22

in the examination-in-chief) by the Case IO were not
mentioned or annexed in my FIR dated 15.09.2010.
It is not a fact that I did not hand over the said documents (Sl.
No. 1 to 22 in the examination-in-chief) to the Case IO.
It is not a fact that the present case is a politically motivated

case between 2 opposing political parties and their leaders.‖
39. During examination of the PW-52 P.C. Lalrinmawia for the

second time, certain documents were marked as exhibits, but
the contents of the documents were not proved as required by

law. In this connection, I would like to point out the
observation made by the Apex Court in the case of Kaliya
Versus State of Madhya Pradesh 2013 Legal Eagle (SC) 552;
2013(10)SCC 758 and it runs thus:
―10. Section 65(c) of the Act 1872 provides that secondary

evidence can be adduced relating to a document when the
original has been destroyed or lost, or when the party
offering evidence of its contents cannot, for any other
reason, not arising from his own default, or neglect,
produce it in reasonable time. The court is obliged to
examine the probative value of documents produced in
court or their contents and decide the question of
admissibility of a document in secondary evidence. (Vide:
H. Siddiqui (dead) by Lrs. v. A. Ramalingam, AIR 2011 SC
1492 ; and Rasiklal Manikchand Dhariwal & Anr. v. M.S.S.
Food Products, (2012) 2 SCC 196 ). However, the
secondary evidence of an ordinary document is admissible
only and only when the party desirous of admitting it has
proved before the court that it was not in his possession or
control of it and further, that he has done what could be
done to procure the production of it. Thus, the party has
to account for the non-production in one of the ways
indicated in the section. The party further has to lay down
the factual foundation to establish the right to give
secondary evidence where the original document cannot
be produced. When the party gives in evidence certified
copy/secondary evidence without proving the
circumstances entitling him to give secondary evidence,
the opposite party must raise an objection at the time of
admission. In case, an objection is not raised at that point
of time, it is precluded from being raised at a belated
stage. Further, mere admission of a document in
evidence does not amount to its proof. Nor, mere
marking of exhibit on a document does not
dispense with its proof, which is otherwise required
to be done in accordance with law. (Vide: The Roman
Catholic Mission v. The State of Madras, AIR 1966 SC 1457
; Marwari Khumhar & Ors. v. Bhagwanpuri Guru
Ganeshpuri & Anr., AIR 2000 SC 2629 ; R.V.E.
Venkatachala Gounder v. Arulmigu Viswesaraswami and
V.P. Temple & Anr., AIR 2003 SC 4548 ; Smt. Dayamathi
Bai v. K.M. Shaffi, AIR 2004 SC 4082 ; and Life Insurance
Corporation of India & Anr. v. Rampal Singh Bisen, (2010)
4 SCC 491 ).‖
40. None of the documents marked as exhibits during the trial can
be relied as the same were not proved as required by law.
41. PW-41 Shri Lalhmahruaia Zote was posted as Under Secretary

in the Mizoram Legislative Assembly Secretariat at the relevant
time. He received requisition from the I.O. for production of
information related to pension, pay and allowances of accused
during the period from December, 2008 to September, 2010
vide Letter No. ACB/PS/C/No. 9/2010/2625 dated 14.03.2012.
The required information was submitted to the ACB vide Letter

No. LA/ACCT/20/96/2016 dated 15.03.2012. The pension and
allowances of the accused during the period was Rs. 1,77,934.
Ext. P-7 is the Letter No. LA/ACCT/20/96/2016 dated
15.03.2012 and Ext. P-7/1 is the signature of PW-41 Shri
Lalhmahruaia. In the cross-examination led by the learned
Defence Counsel, the PW stated, ―Apart from the pension, pay
and allowances of the accused, I do not know his other income
any.‖
The deposition of PW-41 Shri Lalhmahruaia Zote has no

relevance to the present case inasmuch as the check period is
December, 2003 to November, 2008. It is clear from the
evidence adduced by the prosecution that the accused ceased
to be public servant (Chief Minister) from December, 2008.
42. PW-40 Smt. Sailuti joined service under the GoM as High
School Teacher in the year 1976. Thereafter, she joined as
Assistant in the Mizoram Secretariat Service under Secretariat
Administration Department in the year 1988. She was posted
as Under Secretary under the SAD (Accounts) during at the
relevant time.
In the examination-in-chief, PW-40 Smt. Sailuti stated as

follows :-
―While I was posted as Under Secretary as aforesaid I

received (i) Letter No. ACB/PS/C/No.9/2010/2585 dated
12.03.2012 from the DSP, ACB, Mizoram requesting to
furnish Pay Statement of Pu Zoramthanga/Accused during
01.01.2003 to November 2003 and 11.12.2008 to
September 2010, and (ii) Letter No. Letter No.
ACB/PS/C/No.9/2010/112 dated 24.04.2012 enquiring
about Dearness Allowance (DA), Constituency/Contingency
Allowance and Provision of Vehicle to Pu
Zoramthanga/Accused during 2003-08.
I submitted a reply to the said letter dated 12.03.2012 of

the DSP, ACB, Mizoram vide Letter No. G.26034/3/2009-
SAA dated 14.03.2012 by furnishing the Pay Statement of
Pu Zoramthanga/Accused during the period 01.01.2003 to
November 2003. She was unable to furnish his salary
statement during December 2008 to September 2010 as
the matter was dealt with the Chief Minister‘s Office, Mc
Donald Hill and not by the SAD. Ext. P-8 is her said letter
dated 14.03.2012 and Ext. P-8/1 is her signature. Ext. P-
8/2 is the salary statement during January 2003 to
November 2003. His salary during the period was Rs.
2,80,500.
I replied the enquiry vide Letter No. G.26034/3/2009-SAA

dated 26.04.2012 by stating that the Dearness Allowance
(DA), Constituency/Contingency Allowance and the
Provision of Vehicle to Pu Zoramthanga/Accused during
December 2003 to February 2006 amounted to Rs.
6,88,500. Ext. P-9 is the said letter dated 26.04.2012 and
Ext. P-9/1 is my signature. Ext. P-9/2 is the detailed

statement during the period December 2003 to February
2006.‖ In her cross-examination, she stated as follows:-
―I was never posted in the Assembly Secretariat. I do not

know what payments were made to the accused from the
Assembly Secretariat. I also do not know the other income
of the accused other than his entitlements stated by me
today.
I do not know the period during which the accused was

the Chief Minister of Mizoram. I also do not know the
income generated by the accused from other sources.‖
43. PW-54 Shri John L.T.Sanga joined Mizoram Civil Service on 15th
April, 2003. He was posted in the office of CM Secretariat as
Additional PS on 1st November, 2007 and he was later
promoted to PS to CM at the end of 2008. He received
requisition from ACB to furnish salary statement of Shri
Zoramthanga, Ex-CM. Accordingly, he furnished it on 8th
January, 2010.Ext. P-14 is the forwarding letter, Ext.P-14(1)
&14(2) are his signatures. Ext. P-15 is the salary statement of
Shri Zoramthanga. In his cross-examination, he stated as
follows:-
―When I was requisition by the enquiry officer ACB for
furnishing the salary statement of accused w.e.f February
2005 to December 10th 2008.
It is a fact that the Ext P-15 some portion of the salary

statement was crossed and it was written that ―the same
was furnished by US. SAD (A)‖.
As an Additional Private Secretary I never deal with the

personal income and expenditure of the then CM Shri
Zoramthanga. Hence, it is not possible for me to inform
the court about the details of his income other than the

salary which was received by him during his tenure as CM.
however, I was not DDO as Additional PS during the
tenure of Shri Zoramthanga as CM, after Shri Lal
Thanhawla took over the CM I functioned as full PS and US
and also I was the DDO of the CM Secretariat.
When the requisition for furnishing the statement of the

salary of Shri Zoramthanga was received by me I was the
DDO of the CM Secretariat. Hence, I furnish the Ext P-15.
I do not know anything about this case, I also do not know

what are the charges brought against the accused, and I
also do not know how many accused persons are facing
the trial in this case. I also do not know why Ext P-15 was
requisitioned from me.
44. The salary of A-1 Zoramthanga and drawn by him within the
check period can be calculated and seen from the following
table as adduced from the Ext-P-8/2 and Ext. P-15.
Sl. No. Salary of A-1 Zoramthanga Amount Remarks

(Year)
1. December 2003 Rs. 25,000/- Ext. P-8/2
2. January 2004 to December Rs. 3,00,000/- Ext. P-8/2
2004
3. January 2005 to December Rs. 3,00,000/- Ext. P-8/2
2005
4. January 2006 to December Rs. 3,00,000/- Ext. P-15
2006
5. January 2007 to December Rs. 3,00,000/- Ext. P-15
2007
6. January 2008 to November Rs. 2,75,000/- Ext. P-15
2008
7. Total Rs.12,52,500/-

Hence, the total salary of A-1 Zoramthanga drawn by him
during the check period comes to Rs.12,52,500/-.
45. PW-39 Shri CH Lalnunchama in his examination-in-chief stated

as follows :-
―I know Smt. Roneihsangi who is the wife of the present

Chief Minister, Shri Zoramthanga. I received a letter from
the Enquiry Officer (ACB) vide No. ACB/E. No.
102/2009/941 dated 9.12.2009 to furnish him salary
statement of Smt. Roneihsangi, LDC w.e.f., January, 2003
to 2008. Accordingly, I sent a letter to the Enquiry Officer
vide No. 20017/8/01-ED(PWD)/16 dated 14.12.2009
furnishing him salary statement of Smt. Roneihsangi, LDC
w.e.f. 2003-2008. Ext. P-10 is the Salary Statement
furnishing to Enquiry Officer and Ext. P-10 (a) is my
signature.‖
In the cross-examination, the PW stated as follows :-
―It is a fact that the Investigation Officer did not record my

statement in connection with this case.
On 03.12.2012 I was the Executive Engineer-cum-DDO,

Electrical Division, PWD, Aizawl.
I know that during the period for which statement was

sought by the IO, the accused was not the Chief Minister
of Mizoram.
As far as I know, the accused dealing with the post of

Chief Minister in the year 2008.
I personally do not know as to what is the charge against

the accused in this case.‖

46. The salary of Smt. Roneihsangi W/o A-1 Zoramthanga drawn
by her within the check period can be calculated and seen from
the following table as adduced from the above Exhibit.
Sl. No. Salary of Smt. Roneihsangi Net Amount Remarks

(Year)
1. December 2003 Rs. 3550/- Ext. P-10
2. January 2004 to December Rs. 44,050/- Ext. P-10
2004
2005
3. January 2006 to December Rs. 43,738 Ext. P-10
2006
2007
5. January 2008 to November Rs. 31933/- Ext. P-10
2008
6. Total Rs.2,05,385/- Ext. P-10
Hence, the total net salary of Smt. Roneihsangi W/o A-1

Zoramthanga drawn by her during the check period comes to
Rs.2,05,285/-.
47. Therefore, the total salary of A-1 Zoramthanga and Smt.

Roneihsangi from December 2003 to November 2008 comes to
the tune of Rs. 14,57,785/-.It may be that Smt. Roneihsangi
drew net salary due to deduction on account of installment of
loan, GPF etc.

48. PW-42 Shri Lalramzauva was posted as Manager, Mizoram
Rural Bank, Chaltlang Branch, Aizawl during 2011-2014. It was
sometime in the year of 2011/2014, ACB officials went and
enquired him whether Ramthansiama and Milari, children of
Shri Zoramthanga had Bank Account and Bank Balance in the
Mizoram Rural Bank, Chaltlang Branch, Aizawl. He replied them
that they had Bank Accounts. He also furnished them the Bank
Account Number and the Bank Balance of the children of Shri
Zoramthanga. In the Bank Account of Ramthansiama there was
a balance of Rs. 29,631/- as on 04.01.2010 (last transaction)
and in the Bank Account of Milari there was a balance of Rs.
1,89,900/- as on 04.01.2010 (last transaction).
49. In the supplementary charge sheet, I do not find any Bank

Account or Bank Statement in respect of Ramthansiama and
Milari Chhangte (Children of A-1 Zoramthanga). The
onlyalleged abstract of Bank Accounts allegedly maintained by
them is what I find in the charge sheet and the same appears
to be prepared by the I.O. However, the alleged Bank
Accounts‘ balance shown in the alleged abstract is not within
the check period. I do not know why the details of Bank
statements(within the check period) were not collected by the
I.O. from Chaltlang Rural Bank. Consequently, there is no
relevance in connection with the present case.
50. PW-49 Shri Rohuapa, Senior Manager of Vijaya Bank, Aizawl

and who has to prove the loan taken by A-1 Zoramthanga and
its liquidation had died during the course of trial. Consequently,

the Bank details could not be proved as required by the Law of
Evidence Act.
51. PW-46 Ms Shawate Banerjee, Executive Legal, Zone East HFDC

Standard LIC Company Ltd. and PW-47 Shri Gaurav Sharma,
Director, Customer Service and Operation-MetLife Insurance
Co. Ltd. could not be produced by the prosecution inspite of
sufficient chances given to them. PW-46 has to prove LIC
Accounts maintained in the name of Ramthansiama and Milari
Chhangte and PW-47 has to prove LIC Accounts maintained in
the name of Smt. Roneihsangi (W/o A-1 Zoramthanga),
Ramthansiama and Milari Chhangte (Children of A-1
Zoramthanga). It appears to me from the xerox copies filed
alongwith the charge sheet that they began to open their
Insurance Accounts in HFDC Standard LIC Company Ltd. and
MetLife Insurance Company Ltd. After the check period.
However, it is my irresistible conclusion that the prosecution
fails to prove the insurance accounts of Smt. Roneihsangi (W/o
A-1 Zoramthanga), Ramthansiama and Milari Chhangte
(Children of A-1 Zoramthanga) to be within the check period.
52. PW-38 Smt. Lianthawmi W/o PP John (L) came to give

deposition on 19.02.2020. She was dropped from the list of
prosecution witnesses since the learned PP was not inclined to
examine her. Hence, the alleged gift of car to A-Zoramthanga
by Shri PP John (Now RIP) is not proved by the prosecution.

53. PW-43 Shri Lalmalsawma expired during the course of trial. He
has to give deposition on the rate of Gypsy, Baleno and Vitara
Car.
54. PW-56 is the Case I.O. in respect of the supplementary charge

sheet. But, he did not give any evidence in respect of
disproportionate assets of the accused.
55. PW-51 Er. Lalawmpuii stated that she had assessed several
buildings of Smt. Roneihsangi and Shri Zoramthanga in the
years of 2010 and 2011 on different dates. The assessment
prepared by her was based on the relevant SOR as per the
year of construction stated by the ACB. She also asked the
accused about completion year of construction of the buildings.
She submitted the report of assessment to the EE, PWD, Aizawl
Building Division. The abstract of assessment of buildings
belonging to the accused and his family is as follows:-
Sl.
Name of owner Type of building Location Year of Amount
No.
completion
Pi Roneihsangi
W/o Pu Zoramthanga Residential building
1. Ramhlun 2002 Rs. 1,674,000.00
Ex-CM (Basement)
Pi Roneihsangi Residential building

2. W/o Pu Zoramthanga (Ground Floor & Ramhlun 2006 Rs. 6,053,000.00
Ex-CM Above))
Pu Zoramthanga Residential/Hostel Chaltlang (near
3. 2010 Rs. 5,604,300.00
Ex-CM building Tourist Lodge
Pu Zoramthanga Farm House
4. Sihphir, Aii Puk 2002 Rs. 667,600.00
Ex-CM (basement, G/F & F/F
Pu Zoramthanga Composite building
5. Sihphir, Aii Puk 2002 Rs. 148,600.00
Ex-CM (Kitchen)
Pu Zoramthanga
6. RCC Water Reservoir Sihphir, Aii Puk 2002 Rs. 193,100.00
Ex-CM
Pu Zoramthanga
7. Water Tank Sihphir, Aii Puk 2002 Rs. 57,300.00
Ex-CM

Total Rs. 14,398,000.00
She herself and Shri Lalhmasaa put their signatures on the foot
of the abstract. Ext. P-12 is photocopy of the abstract of
assessment and Ext. P-12(a) is her signature. In her cross-
examination, she stated as follows:
―It is a fact that I do not find the original abstract of

assessment of building belonging to Pu Zoramthanga and
his family.
I cannot say about the starting year of the construction of

the buildings mentioned at Ext. P-12.
I cannot say the duration of the construction of the

buildings.
I do not find the detailed report of assessment made by

us.
I affirm that the buildings at Sl. No. 1, 4, 5, 6 & 7 in the

Ext. P-12 were completed in the year 2002 itself.
I cannot say how much percentage of construction was

already completed prior to 2003 in respect of buildings at
Sl. No. 2 and 3 of the Ext. P-12.
I have not done assessment of any other buildings apart

from what is mentioned in Ext. P-12 in connection with this
case.
I did not check land passes in respect of the buildings

mentioned in the Ext. P-12 and I also do not know in
whose name the lands were registered.
I cannot exactly say the details of cost index added to the

SOR used for making the assessment shown in Ext. P-12.

It is denied by me that the contractor‘s profits were added
in the statement of Ext. P-12.
It is a fact that labour cost for construction of a private

building can be reduced if owner of the building engaged
his relatives and friends at the time of construction of
building.
It is also a fact that when a private individual constructs

his building he could save some amount of material cost
by purchasing bulk directly from the vendor.
It is not a fact that I made assessment as per the

instruction of the ACB personnel.‖
56. In this connection I would like mention that the prosecution

has not even proved the assessment of buildings at Sl. 2 & 3 of
the above table for the purpose of calculating assets of the
accused during the check period. Apparently, PW-51 Er.
Lalawmpuii could neither say the starting year of construction
nor the duration of construction of the said buildings while
recording her deposition. It is clear that the building at Sl No.
1, 4, 5 ,6, & 7 in the Ext. P-12 were already completed in the
year 2002 itself.
57. PW-50 Er. Lalhmasaa was posted as Executive Engineer, PWD,

Aizawl Building Division at the relevant time. He received
assessment report from Smt. Lalawmpuii, Estate Officer, PWD,
in connection with requisition made by ACB. He perused the
deposition made by Smt. Lalawmpuii, Estate Officer, PWD and
admitted it. Ext. P-12 is the abstract assessment and Ext. P-
12(b) is his signature.

In his cross examination, he stated as follows :-
―It is a fact that apart from what was done by Smt.

Lalawmpuii, Estate Officer, PWD, I have no other
knowledge in respect of assessment made by her‖.
58. PW-44 Shri Lalzamliana has been a Church Elder in

Presbyterian Church, Zarkawt since 2008. In the examination,
he stated as follows,
―The accused used to contribute Rs. 3000/- per month to

the Church under the Heads of 1) Pathian Ram, 2)
Ramthar, 3) Tualchhung, 4) Ramthar Special and 5)
Building Fund @ Rs. 600/- each per month. It is shown in
the available records that the accused supported 2 (two)
Missionaries @ Rs. 1000/- each and the total contribution
made by him is Rs. 1,58,000/- for the period from April,
2002 to November, 2008. On the requisition made by the
Case Investigating Officer, I furnished the statement along
with the forwarding letter addressed to him on
28.03.2012.
Ext. P-10 is forwarding letter dated 28.03.2012 and Ext. P-

10/1 is my signature.
Ext. P-11 is statement prepared by me in respect of the

contribution made by Pu Zoramthanga to the Presbyterian
Church, Zarkawt, Ext. P-11/1 is my signature and Ext. P-
11/2 is the signature of Upa Zamliana, Chairman,
Presbyterian Church, Zarkawt.‖
In the cross examination, he stated as follows:-
―In our church, the contribution made by all the family

members is recorded under the head of the family.
I know that the accused‘s family consisted of 2 (two)

children and wife.

I know that as per our record no contribution was made by
his wife and children separately.‖
59. I would like to mention that the contribution made towards the
Presbyterian Church, Zarkawt, is proved by the prosecution and
the accused has also accepted it. Therefore, the table of
calculation in respect of the contribution towards the church is
shown below :
Sl. Year &of Contribution Amount Amount

No (Thawhlawm Ip) (Missionary Chawmna)
1 November 2003 and Rs. 3,000/- Rs. 2000/-
December 2003
2. January 2004 to Rs.36,000/- Rs.24,000/-
December 2004
3. January 2005 to Rs.36,000/- Rs.24,000/-
December 2005
4. January 2006 to Rs.36,000/- Rs.24,000/-
December 2006
5. January 2007 to Rs.36,000/- Rs.24,000/-
December 2007
6. January 2008 to Rs.33,000/- Rs.22,000/-
November 2008
7. Rs. 1,80,000/- Rs.1,20,000/-
Grand total = Rs. 3,00,000/- (Rupees three lakhs) only.
60. As the accused has contributed Rs. 3 Lakhs towards tithe

offerings and contribution towards missionary fund, the sum of
3 Lakhs can be treated as expenditures.
61. It is reiterated that to prove the nature and extent of the

property found in the possession of accused during the check
period is a sine quo non for the prosecution, but this has not
been done in this case. In my considered opinion, the
prosecution fails to prove that the accused has disproportionate

assets and I therefore do not find sufficient evidence to prove
that the accused violated provisions of Section (1) (e) of the PC
Act. In the result, I find that the accused is not liable to be
convicted under Section 13(2) of the PC Act, 1988.
62. For the discussion aforesaid, the accused is acquitted on

benefit of doubt for offence punishable under Section
13(1)(d)(i)/(ii) and Section (13)(1)(e) read with Section 13 (2)
of P.C. Act, 1988.
63. The accused is set at liberty forthwith.
Judgment is announced and delivered in this open Court under

my hand and seal on this the 8th day of November, 2021 in
Aizawl.
Sd/-VANLALENMAWIA
Special Judge,
Mizoram; Aizawl.
Memo No. _________/SJ(PCA)/2021 : Dated Aizawl, the 8th November, 2021

Copy to:
1. State of Mizoram C/o Public Prosecutor/Addl. PP.

2. Shri Zoramthanga s/o Darphunga (L), Ramhlun Venglai,
Aizawl, Mizoram C/o Shri W. Sam Joseph, Advocate.
3. Registrar, Gauhati High Court, Aizawl Bench.
4. Chief Vigilance Officer, Mizoram, Aizawl
5. Director, ACB, Mizoram, Aizawl.
6. District Magistrate, Aizawl District, Aizawl.
7. Guard file.
8. Case record.
PESHKAR

APPENDIX
A. PROSECUTION EXHIBITS
1. Ext. P-1 is the property search and seizure form.
2. Ext. P-1/2 and Ext. P-1/3 are signatures of PW-53 (Shri J.H. Lalrimawia).
3. Ext. P-1(a) is signature of PW-31 (Smt. Lalengmawii)
4. Ext. P-1(A) is the details of seized documents.
5. Ext. P-1(A)(a) is signature of PW-31 (Smt. Lalengmawii).
6. Ext. P-2 is confessional statement of PW-23 recorded by Pi Lalrochami Ralte,
Magistrate 1st Class, Aizawl District on 02.05.2011.
7. Ext. P-3 is the Seizure Memo - expunged
8. Ext. P-3/2 is signature of PW-30 (I.O. C. Vanramlawma) - expunged
9. Ext. P-4 is the FIR submitted by PW-1 (EO P.C. Lalrinmawia).
10. Ext. P-4-A is signature of PW-1 (E.O. P.C. Lalrinmawia).
11. Ext. P-5 is the Seizure Memo - expunged
12. Ext. P-5/1 is signature of PW-30 (I.O. C. Vanramlawma) - expunged
13. Ext. P-6 is the Charge sheet - expunged
14. Ext. P-6/1 is signature of PW-30 (I.O. C. Vanramlawma)- expunged
15. Ext. P-7 is the Letter No. LA/ACCT/20/96/2016 dated 15.03.2012.
16. Ext. P-7/1 is signature of PW-41( ShriLalhmahruaiaZote, Under Secretary,
Assembly Secretariat)
17. Ext. P-8 is letter dated 14.03.2012.
18. Ext. P-8/1 is signature of PW-40 [Smt. Sailuti, Under Secretary, SAD (Accounts)].
19. Ext. P-8/2 is the salary statement during January, 2003 to November, 2003.
20. Ext. P-9 is letter dated 26.04.2012.
21. Ext. P-9/1 is signature of PW-40 [Smt. Sailuti, Under Secretary, SAD (Accounts)].
22. Ext. P-9/2 is the statement showing salary of ShriZoramthanga CM during the
period December, 2003 to February, 2006.
23. Ext. P-10/1 is the salary statement issued by PW-39 (Shri CH Lalnunchama, E.E.
Electrical Division, PWD, Aizawl).
24. Ext. P-10/1(a) is signature of PW-39(Shri CH Lalnunchama, E.E. Electrical
Division, PWD, Aizawl).
25. Ext. P-11 is the Contribution Statement furnished to the Enquiry Officer&Ext. P-
11 is forwarding letter dated 28.03.2012.
26. Ext. P-10/1 is signature of PW-44 UpaLalzamliana (Secretary, Presbyterian
Church, Presbyterian Church, Zarkawt).

27. Ext. P-10(a) and Ext. P-10(b) are signatures of PW-39 CH Lalnunchama.
28. Ext. P-11 is statement prepared by PW-44UpaLalzamliana (Presbyterian Church,
Zarkawt).
29. Ext. P-11/1 is signature of PW-44 & Ext. P-11/2 is signature of UpaZamliana
(Chairman, Presbyterian Church, Zarkawt)
30. Ext. P-12 is the abstract of assessment of buildings belonging to
ShriZoramthanga and his family.
31. Ext. P-12 (a) is signature of PW-51 Er. Lalawmpuii (Estate Officer, PWD) and
Ext. P-12(b) is signature of PW-50Er. Lalhmasaa (E.E. PWD, Aizawl Building
Division).
32. Ext. P-13 is confessional statement recorded by PW-27 Smt. Julie Lalrinzami,
Smt. Julie Lalrinzami, JMFC.
33. Ext. P-13(a) is signature of PW-27 Smt. Julie Lalrinzami, JMFC.
34. Ext. P-14 is forwarding letter regarding salary statement of ShriZoramthanga,
Ex-CM.
35. Ext. P-14 (1) and Ext. P-14/2 are signatures of PW-54Shri John L.T.Sanga (P.S.
to CM).
36. Ext. P-15 is salary statement in respect of ShriZoramthangaw.e.f. February, 2005
to December, 2008.
37. Ext. M-1 is the affidavit of ShriZoramthanga.
38. Ext. M-1(A) is the verification of affidavit signed by ShriZoramthanga.
39. Ext. M-1(B) is the declaration form of affidavit of ShriZoramthanga consisting of
details of moveable assets, immoveable assets and details of liability/over dues
of ShriZoramthanga.
40. Ext. M-1(C) is the moveable assets of ShriZoramthanga.
41. Ext. M-1(D) is the immoveable assets of ShriZoramthanga.
42. Ext. M-1(E) is the details of liability/over dues to public financial institution and
government dues declared by ShriZoramthanga.
43. Ext. M-2 is an application submitted by President of AiiPuk Farming Society.
44. Ext. M-3 is list of 15 beneficiaries.
45. Ext. M-4 is Treasury vide Challan No. 98/B dated 11.04.2001 issued by SDAO,
Aizawl West.
46. Ext. M-5 is detail of distribution of Angle Iron Post and Wire Mesh during 1995-
2001.

47. Ext. M-6 is an allotment order of 660 Nos. of angle iron post for sale on 50%
subsidy issued by PW-24 Dr. O.P. Singh to DAO, Aizawl West.
48. Ext. M-6/1 is signature of PW-24 Dr. O.P. Singh (Director, Agriculture & Minor
Irrigation Department).
49. Ext. M-7 is an allotment order of 30 roll of wire mesh for same on 50% subsidy
issued by PW-24 to DAO, Aizawl West
50. Ext. M-7/1 is signature of PW-24.
51. Ext. M-8 is File No. D.11028/4/95-96-DAO(AW)/TECH consisting of 283 sheets.
52. Ext. M-8/1 is Note Sheet of File No.D-11028/4/95-96/DAO (AW)/Tech -
expunged
53. Ext. M-8/2 is a letter dated 15.02.2001 written by Pu C. Lalniliana, DAO, Aizawl
West by back dating it to the Director, Agriculture Department for issuance of
750 Nos. of Angled Iron Posts and 40 Rolls of Goat Proof Wire Mesh -
expunged
54. Ext. M-9 is File No. B.17017/1/2009-DAO(M) consisting of 81 sheets.
55. Ext. M-10 is File No. B.12011/6/01-DAO(M) consisting of 247 sheets.
56. Ext. M-11 is Receipt No. 57 dated 10.04.2001.
57. Ext. M-12 is Treasury Challan No. 5/B dated 04.09.2001 issued by SDAO, Aizawl
West.
58. Ext. M-13 is Receipt No. 66 dated 03.09.2001.
59. Ext. M-14 is distribution list of angled iron post & G.I. Goat Proof Wire Mesh.
60. Ext. M-15 is receipt Challan dated 23.03.2001 by PuLaltanpuia, Driver of 660
Nos. of Angled Iron Post issued by SDAO (M).
61. Ext. M-16 receipt Challan dated 26.03.2001 by PuLaltanpuia, Driver of 30 rolls of
G.I. Goat Proof Wire Mesh issued by Store I/c.
62. Ext. M-17 is Huan Hung Dilna dated 03.02.2001 submitted by President, AiiPuk
Farmers‘ Association.
63. Ext. M-18 is receipt dated 26.03.2001 in respect of 30 Rolls of G.I. Goat Proof
Wire Mesh by President, AiiPuk Farmers Association.
64. Ext. M-19 is receipt dated 24.03.2001 in respect of 660 Nos. of Angled Iron Post
by President, AiiPuk Farmers Association.
65. Ext. M-20 is application dated 03.04.2001 submitted by President, AiiPuk
Farmers Assn. regarding delayed payment of cost of Angled Iron Post & G.I.
Goat Proof Wire Mesh.

66. Ext. M-21 is letter dated 03.09.2001 of President, AiiPuk Farmers Assn. regarding
final payment of cost of Angled Iron Post & G.I. Goat Proof Wire Mesh.
67. Ext. M-22 is Distribution list.
68. Ext. M-23 is Certificate of Registration of Aiipuk Farmers Association vide No. 52
of 2003.
69. Ext. M-24 is Certificate of Agriculture Land Settlement No. G 14 of 1988 in the
name of Thanchhunga S/o Kairuma (L) - expunged
70. Ext. M-25 is Certificate of Agriculture Land Settlement No. G 55 of 1992 in the
name of Ngurtawni W/o Zathanga (L) - expunged
71. Ext. M-26 is photo copy of LSC No. G-14 of 1988
72. Ext. M-27 is photo copy of HUAN RAM IN LEINA THUTHLUNG.
73. Ext. M-27 (1) is signature of PW-48.
B. DEFENCE EXHIBITS:- None

C. EXHIBITS PRODUCED BY WITNESSES:- None
D. COURT EXHIBITS:- None
E. PROSECUTION WITNESSES:-
1. PW No. 1 Shri P.C. Lalrinmawia (Enquiry Officer)
2. PW No. 2 ShriLalnunthianga, then Addl. PS to CM
3. PW No. 3 ShriLalzarliana, Sihphir
4. PW No. 4 ShriLalramnghaka
5. PW No. 5 Shri H. Lalrinzuala, SihphirNeihbawi
6. PW No. 6 ShriLalropuiaPachuau, SihphirKawnVeng
7. PW No. 7 Shri H. Laltanpuia, SihphirNeihbawi
8. PW No. 9 Shri H. Lalnunzira, SihphirNeihbawi
9. PW No. 10 Shri H. Lallura, SihphirVenglai
10. PW No. 11 ShriLalhuzauva, Sihphir Zion Veng
11. PW No. 12 Shri V. Rosiama, SihphirArpuVeng
12. PW No. 14 Shri C. Nikunga, SihphirNeihbawi
13. PW No. 15 Smt. Lalchhuanmawii, RamhlunVenglai
14. PW No. 16 Shri H. Lalchhuanvawra, RamhlunVenglai
15. PW No. 17 ShriLalchhanliana, Tuikual South
16. PW No. 18 Shri R. Laltanpuia, Tuikual South
17. PW No. 19 Shri T. Ngurkhuma, Chanmari West
18. PW No. 20 Dr. Vanlalhruaia, AEO, Agriculture Department

19. PW No. 21 ShriF. Sangkhuma, I/c Vehicle, Agriculture Department
20. PW No. 22 Shri Joseph Simon, Junior Engineer, Agriculture Department
21. PW No. 23 Shri C. Lalniliana, DAO, Aizawl West
22. PW No. 24 Dr. O.P. Singh, Director, Agriculture & Minor Irrigation Department
23. PW No. 27 Smt. Julie Lalrinzami, JMFC, Aizawl
24. PW No. 28 Smt. LalrochamiRalte, JMFC, Aizawl
25. PW No. 30 IO C. Vanramlawma
26. PW No. 31 Smt. Lalengmawii, LDC, Election Branch, DC Champhai
27. PW No. 32 Smt. Kawlhmingliani, Computer Operator (MR)
28. PW No. 33 Shri L. Nghakliana, Chanmari West
29. PW No. 34 ShriZoramchhana, Electric Veng
30. PW No. 39 Shri CH. Lalnunchama, EE, Electrical Division, PWD, Aizawl
31. PW No. 40 Smt. Sailuti, Under Secretary, SAD
32. PW No. 41 ShriLalhmahruaiaZote, Under Secretary, Mizoram Legislative Assembly
Secretariat.
33. PW No. 42 ShriLalramzauva, Branch Manager, Mizoram Rural Bank, Chaltlang
Branch.
34. PW No. 44 Shri Lalzamliana, Church Elder, Presbyterian Church, Zarkawt
35. PW No. 48 Shri F. Lalramchhana, RamhlunVenglai, PWD Mual, Aizawl
36. PW No. 50 Er. Lalhmasaa, EE, PWD, Aizawl Building Division
37. PW No. 51 Er. Lalawmpuii, Estate Officer, PWD
38. PW No. 52 Inspector P.C. Lalrinmawia, Enquiry Officer
39. PW No. 53 Shri J.H. Lalrimawia, Election Officer, Champhai District
40. PW No. 54 Shri John L.T. Sanga, PS to CM
DEFENSE WITNESSES:-
1. DW No. 1 ShriZoramthanga (Accused)
PESHKAR

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IN THE COURT OF SPECIAL JUDGE,

(PREVENTION OF CORRUPTION ACT)

Present : Shri Vanlalenmawia, MJS,

SR (PCA) No. 2 of 2012

Anti-Corruption Bureau, Mizoram …….Complainant

Date of framing of charge : 23.7.2014

Date of hearing of Prosecution : 23.09.2015, 29.01.2016,

SR(PCA) No. 2 of 2012 Page 1

Date of hearing of Defence : 06.10.2021

Date of Argument : 08.10.2021

Date of Judgment : 08.11.2021

For the Complainant : Shri Joseph Lalfakawma P.P.

For the Accused : Shri W.Sam Joseph, Advocate.

1 ACB Anti-Corruption Branch

SR(PCA) No. 2 of 2012 Page 2

Sl. Events Date File/Order No.

SR(PCA) No. 2 of 2012 Page 3

27 Arrest of C.Lalniliana 22.6.2011 Arrest Memo.

SR(PCA) No. 2 of 2012 Page 4

First Information Report

1. The then Addl. Secretary to the Government, Vigilance

SR(PCA) No. 2 of 2012 Page 5

(a) A-Zoramthanga had purchased agriculture land (farm) at

(b) During enquiry, A-Zoramthanga, Ex-CM who was also the

SR(PCA) No. 2 of 2012 Page 6

2. THE EO submitted an FIR to the SP who was also OC of ACB

3. After registration, Dy. SP C.Vanramlawma was appointed to

(1) On 17.9.2010, after obtaining Search Warrant from the

SR(PCA) No. 2 of 2012 Page 7

(2) Shri Lalnunthianga, ASA of Transport Department (then

SR(PCA) No. 2 of 2012 Page 8

According to the I.O., the evidentiary value of the

SR(PCA) No. 2 of 2012 Page 9

According to the I.O., a requisition was sent to the then

According to the I.O., with a view to regularize such

SR(PCA) No. 2 of 2012 Page 10

(5) The statement of the so-called beneficiaries namely – (1)

SR(PCA) No. 2 of 2012 Page 11

It is further stated by the I.O. that Dr. O.P. Singh, then

SR(PCA) No. 2 of 2012 Page 12

(6) Statement of Shri Lalchhanliana SDAE, Director of

(7) The driver of ZRG 1520 (Truck) Shri R. Laltanpuia @

SR(PCA) No. 2 of 2012 Page 13

(8) Statement of Shri Zahlira Hrahsel, DAO, Mamit who took

(9) The following documents were seized from Inspector P.C.

(i) File No.11029/4/95-96/DAO(AW)/Tech containing 178

SR(PCA) No. 2 of 2012 Page 14

(ii) Receipt No.66 Dt.3.9.2001 for Rs.2,73,460.00 issued

(iii) Treasury Challan No.5/B Dt.4.9.2001 issued by SDAO,

SR(PCA) No. 2 of 2012 Page 15

(v) Receipt No. 57 dated 10.4.2001 for Rs.99,440.00

(vi) Treasury Challan No.98/B dated 10th April,

(vii) Distribution list countersigned by Shri Lalzarliana

(viii) File No. B. 17017/ 1/ 2009 - D.A.O (M) subject P.I.L

(ix) File No.B.12011/6/01-D.A.O(M) Tools and Implements

SR(PCA) No. 2 of 2012 Page 16

(b) Allotment of 30 rolls of Goat Proof Wire Mesh to D.A.O

(c) Challan No.DTE (AGR-CS)/98 dated 23.8.2001 of

(d) Challan No.DTE (AGR-LUB) dated 26th March 2001 to

(e) Application to the D.A.O (AW) submitted by President

SR(PCA) No. 2 of 2012 Page 17

(f) Receipt dated 26.3.2001 signed by Shri Lalzarliana,

(g) Receipt dated 24.3.2001 signed by Shri Lalzarliana,

(h) Application addressed to D.A.O(Aizawl West) from