HARSHAD CHANDULAL RAJPAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) for enlarging the applicant on regular bail in connection with the FIR being C.R. No.I- 5 of 2019 registered with CID Crime, Gandhinagar Zone Police Station, for the alleged offences punishable under Sections 406, 409, 420, 465, 468, 471 and 120B of the Indian Penal Code and Section 13(1)(d) of the Prevention of Corruption Act.

(2.) It is mainly stated in the said FIR that in the year 2007, the Gujarat Maritime Board (GMB), after taking requisite sanction from the Government Gujarat, floated a tender to set-up a Vessel Traffic and Port Management System (VTPMS) for monitoring of vessels, ships and boats in the Gulf of Khambhat region of Gujarat. On 26.02.2007, a Company, namely, Aatash Norcontrol Limited (ANL), which is a joint venture between Aatash Computer & Communications Pvt. Ltd. and M/s. Kongsberg Norcontrol IT, was awarded the tender to set-up VTPMS radar system for monitoring and surveillance of traffic of vessels in the Gulf of Khambhat. Thereafter, Letter of Intent was issued in favour of the said Company. The said Letter of Intent was issued on Build, Own, Operate and Transfer (BOOT) basis and, thereafter, Concession Agreement dated 30.09.2007 was executed between ANL, GMB and the Government of Gujarat.

(3.) The present applicant was working as Superintendent Engineer at the relevant point of time i.e. in the year 2010 with GMB and the applicant has been arrested on 27.06.2019 in connection with the FIR in question.