MAUVIN GODINHO Vs. STATE OF GOA

JUDGEMENT

(1.) These Criminal Appeals, by way of special leave, are filed by the appellants against a common order dated 26th October, 2007 passed by the High Court of Bombay at Goa in Criminal Revision Application Nos. 3, 10, 19, 21 and 22 of 2007, whereby the High Court while setting aside the charges framed by the learned Special Judge, Panaji against the accused -appellants for the offences punishable under Sections 120-B, 409, 420, 465 and 471, IPC and directed to frame charges against them under Sections 13 (1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988 read with Section 120-B, IPC.

(2.) In a nutshell, the genesis of the dispute in all these appeals pertains to a Notification dated 30th September, 1991 issued by the Government of Goa, duly approved by the Cabinet, according to which those industrial units who apply for bona fide use of High Tension or Low Tension power supply to their industrial units would be eligible for a rebate of 25% in their tariff for a period of five years. The appellant in Criminal Appeal No. 315 of 2011 (Accused No. 1) was the Minister of Power for the State of Goa during the period 22-12-1994 to 29-07-1998 whereas the appellant in Criminal Appeal No. 313 of 2011 (Accused No. 2) was also a public servant at that time being Chief Electrical Engineer. Accused Nos. 3 and 4 were Managing Director and Executive Director, respectively, of the appellant Company in Criminal Appeal 314 of 2011 (Accused No. 6), while the appellant in Criminal Appeal No. 312 of 2011 (Accused No. 5) was the General Manager of appellant Company in Criminal Appeal No. 311 of 2011 (Accused No. 7).

(3.) The Government of Goa, during the tenure of accused No. 1 as Minister of Power, with the consent of Cabinet, issued another Notification dated 31-03-1995 cancelling the earlier Notification dated 30-09-1991 without assigning any reason for its cancellation. Afterwards, it is alleged that another Notification dated 15-5-1996 was issued, without approval of the Cabinet introducing another category of 'Extra High Tension ' power supply and after that one more Notification dated 01-08-1996 was issued, again without Cabinet approval, restoring the benefit of 25% rebate, at the instance of accused No. 1, only to benefit accused nos. 6 and 7 Companies.