FERTICO MARKETING Vs. C.B.I.

JUDGEMENT

(1.) In these cases, the Central Bureau of Investigation (for short 'the CBI') registered five First Information Reports (herein after referred to as 'FIR') having RC Case Nos.0062011A0004 of 2011, 0062011A0005 of 2011, 0062011A0006 of 2011, 0062011A0007 of 2011 and 0062011A0008 of 2011. After investigation, charge sheets have been filed in all the five cases before the Special Judge, Anti Corruption, CBI, Lucknow. The Special Judge, Anti Corruption, CBI, Lucknow after taking cognizance, registered Criminal Case Nos.30 of 2012, 31 of 2012, 32 of 2012, 33 of 2012 and 34 of 2012 respectively, which are pending before the learned Special Judge, Anti Corruption, CBI, Lucknow.

(2.) In all the petitions under section 482 Cr.P.C. the accused persons arrayed in charge sheets sought relief of quashing the Charge sheet/summoning order and consequential proceedings pending before Special Judge, Anti Corruption, CBI, Lucknow. Parties have agreed that Criminal Misc. Case No.4253 of 2012, M/s Fertico Marketing and Investment Pvt. Ltd. and others v. CBI and another relating to RC Case No.0062011A0005 of 2011 be taken as leading case. Parties have also exchanged their pleadings in this case. Counsels representing the opposite parties have agreed that on the basis of pleadings in the leading case, all other cases may also be disposed of as facts and law in all above mentioned cases are almost identical. In view of the aforesaid, the facts of the leading Case No.4253 of 2012 are mentioned hereunder and all these petitions are being decided by a common judgement.

(3.) During 1980's the Central Mine Planning and Design Institute (for short 'the CMPDI'), a fully owned subsidiary of Coal India Limited, which is engaged in the field of environmental engineering and provides consultancy and engineering services across the globe, developed concept of Special Smokeless Fuel (for short 'the SSF') for large scale production of domestic coal to minimize pollution from raw material i.e. coal received from coal mines. The Coal India Limited invited small scale industries to produce SSF, a domestic fuel suitable for cooking in home, kitchens and canteen etc. The Coal India Limited, a Central Government owned Corporation, was authorized to formulate policy and guidelines with regard to pricing of coal.