LAWS(BOM)-1997-3-92

KAWAS NARIMAN WARDAN Vs. UNION OF INDIA

Decided On March 10, 1997
Kawas Nariman Wardan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr.Vashi for the Petitioner, Mr.Patwardhan for Union of India, and Mr.Sakhare for the State of Maharashtra. The petition is for quashing the proceedings against the petitioner who has been chargesheeted under the prevention of corruption act on the allegations that when Mr.Sukhdeo Singh Jamal, the Regional Controller of Iron and Steel, Bombay, visited M/s.Steelage Industries Limited. He asked Mr.Pankaj, the executive assistant of the said Company to arrange for tickets from Bombay to Baroda to enable him to visit the said factory at Halol, Gujrat. Mr.Pankaj conveyed the demand of Mr.Jamal to the Petitioner, who was the works director of the said Company. The Petitioner, therefore, made the necessary arrangement and sent the tickets to Mr.Jamal.

(2.) According to the prosecution, this act of the petitioner of arranging for tickets of Mr.Jamal and making payment therefore, is attracted by the provisions of IPC and the Prevention of Corruption Act.

(3.) The very nature of the act, indicates that it was done in the routine course by the Petitioner and in the absence of any mens-rea and hence, the petition is required to be allowed. I, therefore, pass the following order.