Raghubar Dayal, J. - (1.) These three appeals, by special leave, arise out of a criminal case pending in the Court of the Special Judge, Poona, against the appelants in Criminal Appeals Nos. 113 and 114.
(2.) Banwari Lal Jhunjhunwala and Champalal Jhunjhunwala, appellants Nos. 1 and 2 in Criminal Appeal No. 113 of 1961, are partners in a Firm named Shreeram Ramniranjan. The other two appellants, I.R. Oza and Gajraj Tiwari are the employees of the Firm. V. A. Thomson, appellant in Criminal Appeal 114 of 1961, was Assistant Works Manager (Timber Inspection), Central Railways, Matunga, Bombay, at the relevant time.
(3.) The aforesaid firm entered into a contract with the Director General of Supplies and Disposals, New Delhi in 1955 for the supply of 1306.5 tons of bottom boards for railway wagons of certain specified varieties of hard wood, to the Central Railway Administration. The total cost for the entire supply was Rs. 3,99,556-8-0. The wood was to be supplied at three places in different quantities. 630 tons were to be consigned to the District Controller of Stores, C.W.E., Matunga, Bombay, 26-1/2 tons were to be supplied to the Assistant Controller of Stores, Lallaguda and 650 tons were too be supplied to the Assistant Controller of Stores, Jhansi. Prior to the supply, the wood was to be inspected by the Chief Engineer (Sleeper Passing Branch), Southern Railway, Madras, or an officer acting for him, and the places of inspection were Kallayi, Mangalore and Vallapatnam. The first and the last of the places were in the Kerala State. The payments were to be made by the Pay and Accounts Officer, Ministry of Works, Housing and Supply, New Delhi. The procedure to be followed in obtaining the payment was as follows.;