MOHAN LAL BAJORIA Vs. C B I

JUDGEMENT

(1.) BY this revision petition under Section 397, Cr. P. C. an order dated 19-2-2003 by which the petitioner and other co-accused were charged with having committed offences under Sections 120-B r/w 420/468/471, IPC as well as Sections 5 (2)and 5 (l) (d) of the Prevention of Corruption act, 1947, has been challenged.

(2.) ACCORDING to the prosecution, Accused no. 1 Tadar Tang, (A-1) who subsequently died, during the proceedings, was Minister of Civil Supply and Transport, Government of Arunachal Pradesh at the relevant time in 1978. He, in alleged conspiracy with the accused No. 2, (A-2) proprietor of M/s. Capital Agency and accused No. 3, (A-3) proprietor of M/s. Kameng Enterprises, Bomdila, arunachal Pradesh manipulated a situation whereby, the then Central Civil Supplies minister was induced to allot 500 tonnes each of refined Rapeseed Oil and RBD Palm oil for public distribution in Arunachal pradesh. According to the prosecution, no such requirement existed in the State at that time.

(3.) ACCORDING to the charge-sheet, A-1 allegedly arrived in New Delhi and without informing the Chief Secretary of the State secured allotment of quantities of oil in favour of the two concerns, namely, M/s. Capital Agency and M/s. Kameng Enterprises. He, thereafter, issued an authority letter, addressed to the Branch Manager, state Trading Corporation (STC) Calcutta, on the letter head of M/s. Kameng Enterprises. By this letter dated 4-8-1980 Prahlad rai (A-5) was constituted agent empowered to sign papers in connection with the delivery, payment, despatch of the consignments of the edible oil allotted to the two firms. A-1 attested various signatures of such agents.