MAHESH BABULAL MITTAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard learned Counsel for the Applicants, learned Standing Counsel for Respondent No.1 and learned APP for Respondent No.2 finally by issuing Rule and making it returnable forthwith.

(2.) Charge against the applicants was under Section 420 and 120-B IPC as also under Sections 420 and 511 IPC. Applicant No.2 is the Company which manufactures High Density Poly Ethylene bags (HDPE bags). Appicant No.1 happened to be its Managing Director and Marketing Head. It is not in dispute that during the pendency of these Applications, Applicant No.1 has expired.

(3.) Applicants contend that only against the Company offence under Sections 120-B and 420 of IPC cannot be sustained. Without prejudice, it is contended that the offence of conspiracy is alleged to have been committed with M/s. Rashtriya Chemicals & Fertilizers Ltd. at Alibaug and Mumbai (RCF - hereinafter referred to as "Customers") and with no other officers/customers as co-accused, charge under Section 120-B has to fail.