(1.) THE present judgment will dispose off three appeals directed against the judgment dated 5th July 2002 passed by the learned Special Judge in RC 3(A)/96 ACU convicting the three Appellants (Mr. Sukh Ram, Mr. Rama Rao and Ms. Runu Ghosh) for the offence under Section 120-B IPC read with Section 13(1) (d) and Section 13(2) of the Prevention of Corruption Act, 1988 and convicting Mr. Sukh Ram and Ms. Runu Ghosh, the Appellants in Crl. A. Nos. 536 and 482 of 2002 respectively, additionally for the substantive offence under Section 13(1)(d) read with Section 13(2) Prevention of Corruption Act, 1988. THE Appellants (hereafter referred to by their names, for convenience) also challenge the order sentencing them to periods of two and three years? rigorous imprisonment (RI?) and fine of Rs. 1 lakh, in default of which they were to further undergo simple imprisonment (SI?) for six months for the offences. THE appeals were received by the Division Bench, upon a reference regarding the correct interpretation of Section 13 (1) (d) of the Prevention of Corruption Act 1988 (hereafter the 1988 Act).
(2.) BEFORE proceeding it would be necessary to extract the relevant portions of the order (dated 24.09.2009) referring the appeals to the Division Bench. It reads as follows:
(3.) ON 06.01.1992, a Tender Evaluation Committee (TEC?) was constituted to evaluate the bids received pursuant to the above tender. M/s.ARM, M/s. Shyam Antenna Electronics Communications Systems, New Delhi (M/s.Shyam?) and M/s. Punjab Wireless Systems Ltd. Chandigarh (M/s.Punwire?) were among the 35 entities who submitted bids. ARM submitted its bid on 15.03.1992. After scrutiny of reports of the Technical Group and the Commercial and Finance Group, (which examined the bids), the recommendations of the TEC (marked Ex. PW-3/J1 during the trial) as regards the price were that the lowest basic price at Rs.3,54,500 (inclusive of packaging and forwarding) was being offered by a bidder. It is an undisputed fact that ARM had obtained type approval for the crystal version; however type approval for its synthesized version was awaited. ARM had supplied 522 crystal version systems to DoT in the previous years. Of them, 130 had been installed and commissioned in different Telecom circles all over the country.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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