MOHD.IDRIS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals arise out of the judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad passed in Criminal Appeal Nos. 177 of 2001 and 190 of 2001 whereby the High Court confirmed the judgment of the Trial Court in C.C. No. 85 of 1996 dated 31.12.2000 on the file of the Court of the Special Judge for C.B.I. Cases, Hyderabad. The appellants herein were Accused Nos. 1 and 2 respectively in C.C. No. 85 of 1996.

(2.) Both the accused were charged for the offences punishable under Sections 120-B read with 406 of the Indian Penal Code (for short "IPC") as well as Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short "PC Act"). The Trial Court on evaluation of the material on record convicted these accused for the said offences and sentenced them to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/- each on each count, totalling Rs. 2,000/-. The judgment of conviction and sentence passed by the Trial Court was confirmed by the first appellate Court.

(3.) The brief facts leading to these appeals are as follows: On 02.11.1988, M/s Hindustan Cables Ltd (HCL) issued a purchase order to M/s Bangalore Coppers Profile Limited (BCPL) for the conversion of 1 metric tonne (MT) copper rods into Annealed Bright Copper Wires (ABC wires). The purchase order was subsequently amended from 1 MT to 10 MT. A second order was placed with BCPL for 10 MT of copper rods, which was further amended to 14 MT, and then to 19.14 MT. A third order was placed for conversion of 36 MT, and was reduced to 30.86 MT, but then enhanced to 80.86 MT. There was a shortfall in the quantity of finished product received.