BANDUNANA MANIKRAO SABNIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Application takes exception to the order dated 10th and 11th December 2003 passed by the learned Additional Sessions Judge, Greater Bombay rejecting the Revision Application No.287 of 2003 filed by the Applicant herein along with other two Accused being aggrieved by the order dated 06th March 2003 passed by the learned Metropolitan Magistrate, 17th Court, Mazgaon, Mumbai. By order dated 06th March 2003 the learned Magistate has rejected the Application filed for discharge under Section 239 of the Criminal Procedure Code by Accused Nos.3 to 5.

(2.) Background facts for filing the criminal application are as under :- It is the case of the Applicant that, the Applicant herein is the original accused No.4. The Applicant along with accused Nos.1 to 3 and 5 is being prosecuted by the Respondent for commission of offences punishable under Section 420 read with 120-B of the Indian Penal Code (hereinafter referred to as 'IPC') in the Court of the learned Metropolitan Magistrate, 17th Court, Mazgaon, Mumbai in C.C. No. 377/P/2002.

(3.) It is the case of the Applicant that, on the basis of the complaint of one Mayagonda Yashwant Patil, a Police Inspector attached to State CID (Crime), Thane Unit, the Byculla Police Station registered an offence vide C.R. No.171 of 1990 on 29th March, 1990 against M/s. Golden Fibre Dressing Syndicate having its office situated at 105, Shymaldas Gandhi Marg, Mumbai - 400 006 under Section 420 read with 120-B of the IPC. It is alleged that the accused in pursuance to their conspiracy supplied less quantity and substandard Bandage cloth to the J.J. Hospital, and thereby cheated the Government to the tune of Rs.1,950.70/-. It is alleged by the complainant that an information was received by the officers of Anti-corruption Bureau, Bombay that M/s. Golden Fibre Dressing Syndicate was a contractor for item No.420 i.e. Bandage cloth Bleached under Schedule F (II) of the Government of India Gazette to the Government Hospitals, Colleges, Zilla Parishads, ESIS Hospitals etc. in Maharashtra for a period between 1st February 1987 to 30th January 1989. It is further the case of the complainant that M/s. Golden Fibre Dressing Syndicate, and its distributors M/s. Deepali Enterprises, and M/s. Janta Sales were supplying this Bandage cloth as per the Government Rate Contact and as per the specification of the item No.420. It is alleged that these Firms have not supplied Bandage cloth in accordance with specifications laid down and substandard and less quality material was supplied to the J.J. Hospital, Byculla, Mumbai. It is alleged that the said information was verified on 4th April 1989 by ACP Shri. Kolekar, Navale, Sawant, P.I. Zade, Bhat, Jambhulkar and other staff of the Anti-corruption Bureau, and in presence of Panchas the Bandage cloth lying at J.J. Hospital, Byculla, Mumbai, which was supplied by M/s. Golden Fibre Dressing Syndicate was taken charge of under a Panchnama. In all there were 87 "Thans". It is alleged that upon weighing the said "Thans", they were found to be of less weight and substandard quality. It is alleged that Bandage cloth ought to have weighed 94221 gms. But was found weighing 28815 gms. Causing loss of 65406 gms valued at Rs.1,950.70/-. It is alleged that M/s. Golden Fibre Dressing Syndicate had supplied the Bandage cloth ad-measuring 50,000 meters on 14th February 1989 and another 50,000 meters on 2nd March 1989 to the Officer / Store in - charge of the J.J. Hospital, which was accepted by them, and utilized it for Hospital purposes except the 87 "Thans", which were found on the date of search i.e. 4th April 1989. It is also alleged that the Firm had raised bill of material supplied, and payment was made by cheque. It is alleged by the complainant that this Firm namely M/s. Golden Fibre Dressing Syndicate, and other persons conspired together, and cheated the Government of Maharashtra, and therefore PSI Patil on behalf of the Government lodged the complaint.