CENTRAL BUREAU OF INVESTIGATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Central Bureau of Investigation has challenged the orders passed by learned Special C.B.I. Judge, Ahmedabad, discharging the accused of the matters, where the C.B.I. had registered a case as FIR No.RC-12(A)/2000, at Gandhinagar on 23/5/2000 under Sec. 120B, 420, 467, 468 and 471 of 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 discharge 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.