GANESH DUTT SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal for quashing of the proceedings in Case No. 3 of 2001 arising out of Crime No. R.C. 52/07-Cal dated 28.11.1997 under Sections 420/120B of the Indian Penal code read with Section 13(2) and 13(1) (d) of Prevention of Corruption Act pending in the Court learned Judge, Special Court No. 5 at Calcutta.

(2.) One R. A. Prasad, Deputy Zonal Manager, F.C.I, Calcutta Zone entered into a Criminal conspiracy with M/s Prakash Road Lines Corporation and others in the year 1994 and in furtherance of said conspiracy, issued work orders dishonestly in favour of M/s Prakash Road Lines Corporation for transportation of foodgrains from the food supply depots of F.C.I. in Bihar to various North East Regions at a lower rate breaking the norms and procedure and thereby they caused wrongful loss to tune of Rs. 1,07,13,524.74 and consequential wrongful gain to themselves. It was alleged also that the accused persons had violated the minimum stipulated period of 21 clear days between publication and opening of tenders intentionally to favour M/s Prakash Road Lines Corporation to issue the work orders. The said work was entrusted by the accused overruling the observations of contract, commercial and finance department fixing a much higher pro rata rate.

(3.) On the basis of a source information one F.I.R. was lodged against R. A. Prasad and M/s Prakash Road Lines Corporation initially. Ganesh Dutta Sharma, Ram Ratar Prasad, Jitendra Kumar Mullick, Asish Bhattacharjee, Biswanath Surekha and Bimala Devi Surekha were made accused by the investigating officer who filed a charge-sheet against them for prosecuting them under Section 420/120B and under Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act. Out of the accused mentioned above Asish Kumar Bhattacharjee filed an application before the learned Special Court under Section 239 Cr.P.C. praying for his discharge from the case and by an order dated 31.7.2006 the learned Magistrate discharged him.