- (1.) This application has been filed for quashing of the FIR registered as R.C. No.8(A) of 2011-D under Sections 120B, 420 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
(2.) The case of the prosecution as has been made out in the FIR is that on getting source information that M/s. Auroma Coke Limited, Dhanbad, the petitioner has gone in conspiracy with the officials of M/s. B.C.C.L whereby coal is allotted by the B.C.C.L under linkage quota for its utilization for conversion from coal to hard coke but part of the allotted coal is being sold in the black market. A joint surprise check was carried out at plant premises wherein coal found in stock was measured and after taking into account, entry made in the record. It was found that coal to the extent of 2,32,834.92 MT had been lifted from the coal company during 2008-11 under Fuel Supply Agreement (FSA). Out of which 41000 MT of coal was found to have been sold in black market which is in violation of the provision of clause 4.2 of FSA as the BCCL officials without verifying end use of coal went on supplying coal at the notified price of Rs.2000/- approx. per MT whereas it is being sold at Rs.2800/- approx. per MT through eauction and in that manner, B.C.C.L was put to loss to the extent of Rs.3.28 crores.
(3.) Upon hearing this application as well as other connected matters, judgments were reserved but in the meantime, when charge sheet was submitted, the matter was mentioned for taking it up again as, according to the learned counsel appearing for the petitioner, the material collected during investigation does not make out any case under which FIR was registered. Under that situation, the mater was heard again.;