RAJ KUMAR JAIN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The present petitions have been filed by the Petitioner, who is facing the trial Under Sec. s 409, 120 -B I.P.C. read with Sec. 13(1)(c)(d)(ii) and Sec. 13(2) of the Prevention of Corruption Act, 1988, before the Court of Additional Sessions Judge/ II Fast Track Court, Nainital.

(2.) As both the petitions have been filed challenging the charge sheet No. 03/2002 and charge sheet No. 02/2002, and the facts involved in both the petitions are materially similar, therefore, both the petitions are being disposed of by this common judgment.

(3.) Brief facts of the case are that the Petitioner was posted as an Executive Engineer in Mechanical Equipments and Store, Khand -1, Dehradun, a unit of Irrigation Department. The duty of the said Division was to supply raw material, viz. cement and steel etc. to all the segments of the department, who were handling different projects in connection with Yamuna Valley Project at different places. The Petitioner was to procure raw material from different firms, manufacturers or their consignee agents or C & F agents to meet the above requirement. The Petitioner used to procure cement from two sources - (a) M/S Maihar Cement Limited, Satna, a concern of Birla Group and (b) U.P. Rajkiya Cement Nigam.