- (1.) Some of the accused are before this Court by way of these criminal revision petitions under Section 397 read with Section 401 Cr.P.C. to challenge the order dated 22.9.2014 passed by the Special Judge (Prevention of Corruption Cases) No.1, Jaipur in Criminal Case No.13/2014 whereby the learned trial Court ordered to frame charge against the petitioners and co-accused against whom charge-sheet was filed. It is to be noted that each of the accused-petitioner has been discharged for some of the offences for which charge-sheet was filed against them. As each of the petition has been filed against the same order and most of the grounds of challenge are common, with the consent of learned counsel for the parties, all the petitions were heard together and are being disposed of by this common order.
(2.) Brief relevant facts for the disposal of these petitions are that the Anti Corruption Bureau, Jaipur through some secret and reliable source received information to the effect that accused-petitioner-Shri Dinesh Singhal with the help of and in criminal conspiracy with some public servants and other persons is involved in the manufacturing and sale of "Fake Deshi Ghee" at a very large scale in the brand names of several reputed companies and he thereby playing with the health of public at large. On the basis of such information, preliminary inquiry was undertaken by the agency and for the verification of the same under the authority of competent person mobile phones of Shri Dinesh Singhal were put on surveillance and as a result thereof the source information was found to be true. In the aforesaid back-drop FIR No.526/2013 was registered for various offences against as many as sixty two persons and after due investigation charge-sheet came to be filed against twenty one persons including present petitions. It is said that against rest of the persons investigation has been kept pending under Section 173 (8) Cr.P.C. Learned trial Court after hearing both the parties, vide impugned order directed to frame charge against all the accused against whom charge-sheet was filed for various offences. Feeling aggrieved, some of them are before this Court by way of these revision petitions.
(3.) Before considering case of each of the accused-petitioner individually, it would be appropriate to consider the following preliminary common objections raised on behalf of the petitioners:- (i) Whether transcriptions of conversations and for that matter CDs of the same filed alongwith the charge-sheet are not admissible in evidence even at this stage of the proceedings as certificate as required under Section 65-B of the Evidence Act was not obtained at the time of procurement of said CDs from the concerned service provider and it was not produced alongwith charge-sheet in the prescribed form and such certificate cannot be filed subsequently. (ii) Whether all the offences or some of them for which charge-sheet has been filed or for which charges have been ordered to be framed are covered under the provisions of the Food Safety and Standards Act, 2006 and being a special statute, it includes all penal provisions and, therefore, ACD or local police was not competent to register FIR and investigate the matter and as a consequence thereof the charge-sheet and all subsequent proceedings arising thereunder are null and void being without jurisdiction.;