ESSAR CONSTRUCTIONS LIMITED Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) HEARD Mr. Patwardhan for C. B. I. petitioner in Criminal Application No. 2616 of 1997 and for respondent in other applications and Mr. Chinoy for the petitioner in Criminal Revision Application Nos. 254 of 1996 and 257 of 1996 and for respondent in other application. Mr. Mahesh Jethmalani for respondent No. 1 in Criminal Application No. 2616 of 1997, and learned A. P. P. for the State.

(2.) OUT of these three applications, Criminal Application No. 2616 of 1997 and Criminal Revision Application No. 254 of 1996 have been filed by C. B. I. and Essar Constructions Ltd. respectively against the order of Special Judge (A. S. Aguiar) dated 12-8-1996 discharging applicant-accused No. 1 in Misc. Application No. 641/1996 and applicants -accused Nos. 2 and 3 in Misc. Applications Nos. 681 and 682 of 1996 respectively for the offences under section 120-B r/w section 420 of the Indian Penal Code. Similarly application No. 257 has been filed by petitioner Ravikant Nandkishore Ruia against the order of Special Judge (R. S. Dalvi) dated 23-9-1996.

(3.) IT appears from the record that Special Case No. 9 of 1996 was started by C. B. I, against certain accused for the offences under section 120-B r/w section 420 of the Indian Penal Code, under section 5 (2) r/w section 5 (1) (d) of the Prevention of Corruption Act 1988 corresponding to section 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988. It is the case of C. B. I, that all the accused entered into criminal conspiracy in the year 1985-86 to cheat O. N. G. C. fraudulently and dishonestly to the tune of Rs. 39/- crores and odd in accepting tenders of accused No. 3 i. e. Essar Constructions Ltd. in the matter of W. I. P. P. M. Project when accused No. 3 had no experience and was not competent to undertake the project. At the relevant time, accused S. P. Wahi, the retired Col. was the Chairman of O. N. G. C. and he entered into a conspiracy with other accused for the aforesaid purpose.