RANU GHOSH Vs. STATE

JUDGEMENT

(1.) THE petitioner after having been arrested in case RC No. 3(A)/96/CBI/ACU IV under Section 120-B and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, has aplied to this Court for being admitted to bail after her bail application was dismissed by the trial Court. A few facts which are relevant for purposes of deciding this petition in short are :

(2.) THAT Department of Telecommunication (in short referred to as "DoT"). Ministry of Communication, Government of India had issued a notice inviting tenders for procurement of 3,000 numbers of 2/15 MARR shared radio systems (in short referred to as the "system"). Out of these, 1,000 numbers were required for the year 1992-93 while 2,000 were required for the year 1993-94. On scrutiny of the tenders, the Tender Enquiry Committee (TEC) recommended a price of Rs. 3,54,000/- per system with single antena working including antena coupler and isolator quoted by M/s. Indotronics, being the lowest. The TEC also recommended together a counter offer on the same rate to M/s. Advance Radio Masts Limited (ARM) who had also submitted their tender. Rates accepted were inclusive of packing and forwarding charges exclusive of sales-tax, excise duty, freight and insurance, etc. Another firm M/s. Shyam Electronics (in short referred to as "Shyam") also having type approval approached TEC for supply of the above systems and it was decided to split the order in two parts i.e. 300 systems to be supplied by ARM and 200 by Shyam against the said approval for entire supply of 500 systems by M/s. ARM. These orders were placed on 4th December, 1992 and till the placement of these orders, the price variation in respect of crystal and synthesized versions were not discussed any where and the orders for both the versions were placed at the same price.

(3.) THE contention of Mr. Tamta appearing on behalf of the petitioner is that the petitioner in her capacity as member of the price negotiation committee was perfectly within her rights to object to the minutes which had been drawn up by the other two members of the price negotiations committee, as it was neither within the province of price negotiation committee nor they were fully qualified to comment upon the quality of the system. It was entirely for the technical committee to go into the question as to whether synthesized version was superior to the crystal version and consequently, according to Mr. Tamta, the price negotiation committee could not recommend the reduction in the price of crystal version only on the ground that the same was inferior to the synthesized version. It is his contention that the petitioner in her capacity as an officer of the Government could differ with the minutes which had been drawn up and nothing unusual should be read into the same. According to him, no link has been established between her and M/s. ARM which could lead to the conclusion that she had gone out of the way to help M/s. ARM. The recovery of 15 watches from the residence of Smt. Runu Ghosh, according to Mr. Tamta, was not such which could raise the presumption against her that she was involved in any alleged offence. None of the wrist watches, according to him, was of Rolex make as was tried to be made out by the CBI in its briefing to the Press. About the foreign currency equivalent to a little more than Rs. 1,00,000/- the contention of Mr. Tamta is that the same was a part of the foreign exchange which had been given to her for the visits she had undertaken abroad and she will fully explain the source of the money which has been recovered from her house, if an opportunity is given to her by the CBI. In any case, according to Mr. Tamta, as the investigation is already over, no further recovery is required to be made by the CBI and she being in custody for the last about one month, was entitled to be admitted to bail.