Rakesh Ranjan Prasad, J. - (1.) THIS application is directed against the order dated 27.9.2010 passed by the Additional Sessions Judge I, Dhanbad in R.C. No. 20(A) of 1995(D) whereby and whereunder prayer made on behalf of the petitioner for his discharge from the case was rejected. Before adverting to the submission advanced on behalf of the parties, case of the prosecution needs to be taken notice of.
(2.) IN the month of May, 1996, Coal India Limited (in short 'CIL') invited tenders for the work of screening, loading and transportation of coal from various collieries of BCCL to Alakdiha Coal Dump. Pursuant to that, three parties including M/s. Continental Transport and Construction Corporation (M/s. CTCC) submitted their tender papers. The tenders were processed by a committee consisting of four persons, all officials of M/s. BCCL (accused nos. 2 to 5). During that course, they intentionally and fraudulently proposed to extend the scope of work by including additional items, such as (i) provision for transit loss (ii) stacking of grade wise coal (iii) provision for ground shortage (iv) proper supervision of stock and arrangement to maintain grade wise dispatches and (v) loading of customer's truck as and when required to show favour to the said M/s. CTCC (accused no. 6) to which Ramesh Gandhi (accused no. 7) and Rajesh Gandhi (accused no. 8) were the partners. These additional items were approved by this petitioner (accused no. 1), who at the relevant point of time was posted as Chairman -cum -Managing Director of M/s. BCCL in conspiracy with other accused persons, though inclusion of additional items had never been approved by the Chairman of CIL. This had been done with a mala fide intention to favour accused no. 6 to 8 as operation of Alakdiha Coal Dump including supervision of loading of customer's truck at Alakdiha Coal Dump was the responsibility of M/s. BCCL officials. The work pertaining to loading of coal was awarded to M/s. CTCC by the accused person @ Rs. 5.25 per M.T. in the year 1987 whereas in the year 1992, for the same job, the work had been awarded at a lower rate of Rs. 4.08 per M.T. Further it has been alleged that in the year 1992, M/s. BCCL had invited fresh tenders for transportation of coal to Alakdiha Coal Dump. That was challenged by one Ramesh Gandhi before the Kolkata High Court. The accused no. 7 and 8 fraudulently and dishonestly represented before the Management of M/s. BCCL, that the Kolkata High Court has restrained M/s. BCCL from interfering with the contract work awarded to M/s. CTCC, as a result of which, M/s. BCCL decided to drop the transportation work for Alakdiha Coal from NIT and thereby M/s. CTCC was allowed to continue with the work and thereby the accused persons (6, 7 and 8) were benefited.
(3.) FURTHER it has been alleged that M/s. BCCL sustained huge wrongful loss on account of payment being made to M/s. CTCC towards transit loss, supervision of loading of customer's truck and maintaining grade wise stock and loading of coal to the tune of Rs. 1,32,51,305.33. Thus, it has been alleged that accused persons committed offences punishable under Sections 120B, 420, 465, 466, 468 and 471 of the Indian Penal Code and also under Section 13(2) read with Sections 13(i)(d) of the Prevention of Corruption Act and correspondingly Section 5(2) read with Section 5(i)(d) of the Prevention of Corruption Act.;