R. R. Prasad, J. - (1.) This application has been filed for quashing of the order dated 29.06.2010, passed by the Special Judge, CBI-cum-A.D.J.-I, Dhanbad in RC-6A/09/E, whereby and where under cognizance of the offences punishable under Section 120B read with Sections 420/468/471 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 has been taken against the petitioner.
(2.) The case of the prosecution is that during year 2008, M/s Bokaro Steel Plant Limited (BSL) had purchased 1,69,000 MT of dolomite with silica content vide purchase order dated 30.01.2008 from M/s Dolomite Mining Corporation, Baradwar, Chhattisgarh (M/s D.M.C.) at an exorbitant rate. Further, it has been alleged that M/s DMC in connivance with unknown officials of Bokaro Steel Plant and Public Analyst (M/s Superintendence Company India (P) Ltd., Katni) has dishonestly and fraudulently supplied dolomite claiming therein falsely on the basis of report of M/s Superintendence Company India (P) Ltd. the content of silica within the range of 1.5%, whereas the test, conducted by Research and Control Laboratory (R&C Lab), shows the content of silica far more than 1.5. Thus, it was alleged that the officials of Bokaro Steel Plant had dishonestly and knowingly accepted the sub-standard quality of dolomite and by abusing their official position allowed to make payment to the suppliers which caused huge loss to M/s Bokaro Steel Plant Ltd.
(3.) On such allegation, the case was registered and the matter was taken up for investigation. During investigation, it was found that on tender being floated for supply of dolomite, several bidders responded to it and submitted their quotations. M/s D.M.C. was found to be L-1. Accordingly, the purchase order dated 30.01.2008 for supply of 1,69,000 MT of dolomite was placed with M/s D.M.C. with stipulation on amongst others that the content of silica (SiO2) be there as 1.5%; maximum acceptable upto 2% with penalty. In response to that purchase order, M/s D.M.C. supplied 1,29,980 MT of dolomite along with purchase sample which was tested by M/s Bokaro Steel Plant Limited in R & C Lab. for determining silica content in dolomite. Upon various samples, which had been made available by the supplier when dolomite had been supplied, being tested by R & C Lab, it was found that silica content was in between 0.52% to 1.68%, whereas in the report of Public Analyst (M/s Superintendence Company India (P) Ltd.) silica has been shown 1.4% (average) and thereby it was found that the report of Public Analyst (M/s Superintendence Company India (P) Ltd.) has been manipulated.;