CENTRAL BUREAU OF INVESTIGATION Vs. UTPAL KUMAR DEB

JUDGEMENT

(1.) The applicant - Central Bureau of Investigation, under Sec. 482 of the Code of Criminal Procedure, 1973 as well as under Articles 226/227 of the Constitution of India, has challenged the order dtd. 23/2/2021 passed by the learned Special CBI Court No.2, Ahmedabad in Criminal Revision Application No.2 of 2019 (CBI Special Case No.6 of 2015), which is arising out of RC No.0292000A0012, registered on 23/5/2000, for the offences punishable under Ss. 420, 467, 468, 471 and 120B of the Indian Penal Code and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short P.C. Act).

(2.) The allegation against the officials of four public sector oil companies viz. IOCL, HPCL, BPCL and IBP, are that they sold the High Speed Diesel (for short HSD) to various private industries of three States viz. Gujarat, Maharastra and Madhya Pradesh at concessional rates of sales tax as per applicable provisions of the State and Central Sales Tax Acts, without complying with the mandatory requisite permission from the Ministry of Petroleum and Natural Gas (for short MoP and NG).

(3.) Mr. R.C. Kodekar, learned standing counsel for the C.B.I. submitted that the impugned order passed by the learned Special Judge is incorrect, illegal and not as per the provisions of law. Mr. Kodekar submitted that at the stage of framing of charge the court was not required to appreciate the evidence to conclude, whether the materials produced are sufficient or not, for convicting the accused, and only adequacy of material for framing of charge is expected, and, thus stated that the order is based on whim and fancies, as the learned trial Court Judge was making a roving inquiry, as if, Court was conducting a trial, and the Court has appraised the evidence, as if, the Court was passing order of acquittal.