DEEPAK SHAH Vs. CHHATTISGARH STATE ECONOMIC OFFENCE

JUDGEMENT

(1.) Heard.

(2.) This petition has been brought by the petitioner under Section 482 of the Code of Criminal Procedure with a prayer to quash the criminal proceedings against the petitioner initiated on the basis of FIR registered against him in Crime No. 1 of 1998 by the State Economic Offences Investigation Bureau, Madhya Pradesh, Bhopal under Section 120-B of the Indian Penal Code read with Section 13(1) (d)/ 13(2) of the Prevention of Corruption Act, 1988. The petitioner is Proprietor of the business concern Movilex Plastic (Movilex irrigation Company Limited) which was the supplier of PVC Rigid Pipe for lift irrigation purposes.

(3.) FIR was registered against petitioner on 08.01.1998 for offence under Section 120-B of Indian Penal Code read with Section 13 (1) (d)/13 (2) of Prevention of Corruption Act, 1988 by the State Economic Offence Investigation Bureau, Madhya Pradesh, Bhopal, on the basis of reliable information received that M.P. State Agro Industries Development Corporation (In Short 'Corporation') had fixed rates on higher side for purchase of PVC rigid pipes by Regional Managers and Branch Managers. Later on due to decrease in the prices, Corporation by letter HO/MKTG- 1/95-96/390(2), dated 06.12.1995 and by letter HO/MKTG-1/95- 96/17/13116, dated 04.11.1995 issued direction for purchase to be made at the reduced rate. It is stated in the FIR that supply order for purchase of PVC Rigid Pipes was placed with the petitioner by the Corporation at higher rates because of which loss was caused to the Corporation to the tune of Rs. 19,17,230/-. Hence, the offences were registered against the petitioner and others.