P K SESHAN Vs. STATE

JUDGEMENT

(1.) The petitioner through this revision petition has challenged the order dated 7th June, 1973, passed by Shri O. P. Singia, Special Judge, Delhi, whereby the learned Special Judge framed charges for commission of offences of conspiracy punishable under section 120-B read with section 420 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 (herein to be called "the Act") and for the substantive offences punishable under section 420 Indian Penal Code . and section 5(2) of the Act against the petitioner and Shri R. K. Biria. The charge for the offence of conspiracy was framed against both of them and the charge of the commission of offence of cheating was framed against Shri R. K. Biria and that for the commission of offence of criminal misconduct was framed against the petitioner.

(2.) Relevant facts for disposal of this petition are that M/s. Saurashtra Chemicals under licence granted by the Government of India for manufacture of heavy and light soda ash went into production in the early part of 1960. The company applied for grant of essential Goods Import licence for import for one complete plant with bagging and weighing equipment, and accessories and spares for the manufacture of Dense Soda Ash, in the value of Rs. 6.1 lacs. The Government allowed this import. Import licence dated 22nd September, 1962, was issued in their favour. The company further submitted another application on 22nd September, 1961, for the grant of Industrial Act Licence for manufacture of Refined Sodium Bicarbonate. This licence was issued to it on 23rd May, 1962. Another application was submitted on behalf of the Company on 7th November. 1962, for the grant of Capital Goods Import Licence for import of equipment worth Rs. 4.5 lacs, for manufacture of Refined Sodium Bicarbonate and it included (1) Centrifuges, (2) CO Compressors and (3) Capicitor with Circuit Breakers.

(3.) Shri R. K. Biria respondent was the president of the Company while the petitioner who was employed as development officer (ALK) New Delhi was to process or cause to be processed the list of equipment for necessary essentiality certificate and indigenous clearance.