M/S. FERTICO MARKETING AND INVESTMENT PVT. LTD. AND OTHERS Vs. CENTRAL BUREAU OF INVESTIGATION
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
M/S. Fertico Marketing And Investment Pvt. Ltd. And Others
CENTRAL BUREAU OF INVESTIGATION
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B.R.GAVAI, J. -
(2.)All these appeals challenge the common judgment and order passed by the learned Single Judge of the Allahabad High Court dated 14th August 2019. The facts in brief giving rise to the present appeals are as under:-
On 18th October 2007, Coal India Limited had introduced a new policy, whereunder the Fuel Supply Agreement (hereinafter referred to as 'FSA') was required to be entered into by coal companies and purchasers of coal. In pursuance of the said policy, on 30th April 2008, an FSA was entered into between the appellants in appeals arising out of SLP(Crl.) Nos. 8342-46 of 2019 and the Coal India Limited. On 25th March 2011, a joint surprise raid was conducted by the CBI in factory premises of Fertico Marketing and Investment Private Limited and it was found that the coal purchased under the FSA was sold in the black market. It was further found by CBI that this was done in connivance with the unknown government officials which led to loss of Rs.36.28 crore to the Central Government. Accordingly, on 13th April 2011, an FIR came to be registered by CBI for the offences punishable under Sections 120B and 420 of the IPC and Section 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act') against Mr. Anil Kumar Agarwal, Director of said M/s Fertico Marketing and Investment Pvt. Ltd. and unknown officials of the District Industries Centre (hereinafter referred to as 'DIC'),District Chandauli, so also unknown officials of Northern Coalfields Limited, Singrauli, Madhya Pradesh.
(3.)During the course of investigation, it was found that two officers namely Ram Ji Singh, the then General Manager, DIC, Chandauli and Yogendra Nath Pandey, Assistant Manager, DIC, Chandauli were also part of the conspiracy. Investigation revealed that these two officials had abused their official positions and fraudulently and dishonestly sent false status reports regarding working conditions of the accused companies and thereby, dishonestly induced the Northern Coalfields Limited to supply coal on subsidized rates, for obtaining pecuniary advantage.
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