DILEEPBHAI NANUBHAI SANGHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was a Minister in the Government of the State of Gujarat, who after his resignation was proceeded with under the Prevention of Corruption Act, 1988 [For brevity 'the Act']. The allegation was that with intent to obtain illegal gratification, fishing contracts in the reservoirs vested with the State were allotted without following the policy of the Government; mandating tender proceedings. The appellant is before us challenging the Order of the High Court refusing to quash the criminal proceeding initiated against him. The complainant, first respondent herein, inter-alia engaged in trading of fish, was desirous of obtaining fishing contracts by participating in the tender process, approached the High Court challenging the illegal grant by way of allocation, without any tender process. The High Court cancelled the grants and the State was directed to proceed to make such grants through a proper tender process. The complainant asserted that the tender process culminated in grants to successful bidders which clearly generated more consideration for the State; indicating the attempt of accused Nos. 1 to 7 to obtain illegal gratification by making such peremptory grants to those who promised them to pay the demanded amounts from the proceeds received from the grants; resulting in huge loss to the State. The appellant herein who was arraigned as accused No.2 asserted that the grants were made to help the tribal community and the beneficial distribution of largesse of the State, to the marginalised Sec. of society was not with any intent of receiving or obtaining illegal gratification.

(3.) The Additional Sessions Judge (Anti- Corruption Bureau) ["Special Court"] rejected the discharge application which was sought to be challenged under Sec. 482 of the Code of Criminal Procedure [For brevity "Cr.P.C."] before the High Court; unsuccessfully.