JUDGEMENT
ANANT BIJAY SINGH,J. -
(1.) Heard learned counsel for the petitioner and
learned counsel for the C.B.I.
(2.) The petitioner is apprehending his arrest in connection with the case registered under Sections 120-B read with Sections 420/468/471 of the
Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the
Prevention of Corruption Act, 1988.
(3.) The prosecution case is that the petitioner's firm M/s Dolomite Mining Corporation in connivance with unknown officials of Bokaro Steel Plant
and Public Analyst M/s Superintendence Company India (Pvt.) Ltd. Katni
has dishonestly and fraudulently supplied the sub-standard quality of
dolomite with silica content in the range of 1.5%, whereas the test
report of the supplied dolomite conducted by the Research and Control
Laboratory, actual; Silica content has been found to be far off the
specification of the purchase order i.e. 1.5%. It further appears that
during investigation it was found that after placement of the purchase
order on 31/08/2008, petitioner's firm M/s Dolomite Mining Corporation
had supplied 1,29,980 metrique tonne Dolomite against 1,69,000/- MT from
18.05.2008 to 29.04.2009 whereas M/s Bokaro Steel Plant has received only 1,27,560.67 MT. for which Goods receipt Note were issued under the signature of co-accused, i.e. officials of BSL and they have also issued
the advice note to the Finance Department of the BSL for making payment
to M/s Dolomite Mining Corporation. It also appears that the test of
purchaser's sample at BSL R & C Laboratory shows that the Silica content
was between 0.52 to 1.68%; whereas in the report of public analyst the
Silica content has been shown 1.4%, thus the Silica content in the report
of public analyst has been manipulated to be near the range of 1.5% as
per the specification of purchase order.;
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