- (1.) HEARD Sri Anurag Khanna, learned counsel for the C.B.I. Sri Ajatshatru Pandey, learned counsel for accused respondent no. 1, Pankaj Sharma, Sri S.F.A. Naqvi and Sri S. Faizan Naqvi, and Dr. C.P. Upadhyay, for accused respondent no. 2 and perused the lower court record.
(2.) THIS application for granting leave to appeal has been filed by the appellant Central Bureau of investigation against the judgment and order dated 6.10.2010 passed by the Special Judge(Anti Corruption) Ghaziabad in criminal appeal no. 93 of 2009 -Pankaj Sharma Versus C.B.I. connected with Criminal Appeal No. 94 of 2009 Atul Gupta Versus C.B.I. whereby both the criminal appeals have been allowed, the judgment and order dated 31.7.2009 passed by the Special Judicial Magistrate, C.B.I. Ghaziabad in case no. 1251 of 2013 has been set aside and the accused respondents have been acquitted for the offence punishable under sections 120B, 417, 419, 467, 468 and 471 I.P.C. The facts in brief are that the department of Women and Child Development in the Ministry of Human Resource Development, Government of India, hereinafter referred to as (D.W.C.D.) issued open tender for supply of medicines for the I.C.D.S. scheme, 1997 and the D.W.C.D. reportedly for the purchase of certain medicines items, hereinafter referred to as the kits, quotation were invited in sealed envelope, which were opened on 19.11.1996 by the concerned authority of the D.W.C.D. and after deliberation M/s. Orissa Drugs and Chemical Limited, hereinafter referred to as (O.D.C.L.) was awarded the tender along with some other PSUs on the same day for supply of the kits. Accordingly the order dated 17.2.1999 was placed to O.D.C.L. by the D.W.C.D. for supply of 65685 kits, for supply of the kits O.D.C.L. entered into an arrangement with another company namely M/s. Reliance Bulk Drugs and Formulation Limited, hereinafter referred to as R.B.D.F.L., then the kits were to be supplied by the R.B.D.F.L. to the O.D.C.L. which were then to be supplied by the O.D.C.L. to the D.W.C.D. In this arrangement, order dated 21.2.1997 was placed by O.D.C.L. to R.B.D.F.L. for supply of the entire 65685 which were accordingly supplied.
(3.) IN this entire process, the then Managing Director of O.D.C.L. Sri M.M. Sharma intimated to the D.W.C.D. by his authorisation letter dated 8.2.2007 that Sri Seemanchal Dass, the then Regional Sales Manager of the O.D.C.L. posted at New Delhi will be authorised signatory and representative of O.D.C.L. to deal with the matter including the payment of cheque, draft and other documents in favour of the company. In this letter Sri M.M. Sharma also attested the signature of Sri Seemanchal Dass. After supply of the kits by the O.D.C.L. to the D.W.C.D. four invoices two dated 12.5.1997 and one dated 23.5.1997 and last one dated 26.5.1997) were sent to D.W.C.D. by the O.D.C.L. totalling approximate amount of Rs. 92 lacs for the payment of the supply of the kits. The D.W.C.P. in response issued two cheques, both dated 20.6.1997, totalling approximate amount of Rs. 87 lacs in favour of O.D.C.L.;