MDS NORDON INC. Vs. CENTRAL BUREUA OF

JUDGEMENT

(1.) Heard Mr. Amit Kumar, learned senior counsel assisted by Mr. Tanmay Arora, Advocate, Mr. L. Sanamacha, learned counsel, Ms. Anindita Barman, learned counsel appearing for the petitioner and Mr. W. Darakishwor, learned senior panel counsel appearing for the respondent No. 1. None appeared for the proforma respondents Nos. 2 to 6 The present petition has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure,1973 ("CrPC"), seeking to set aside the judgment and order dtd. 8/9/2017 passed by the Special Judge (PC) Act, Imphal West, in Special Trial (PC) Case No. 12 of 2016 ("Trial Court"), whereby the Trial Court dismissed the application for discharge filed by the petitioner and passed a separate order on the same date whereby charges were framed against the Petitioner (i.e., Accused No. 6) under Sec. 420 of the IPC.

(2.) The brief facts which culminates in filing of the present revision petition are that in 2006, the Ministry of Health and Family Welfare, Government of India, issued a grant of Rs.5.00 crores to RIMS for establishment of a Regional Cancer Centre. The said grant was for civil work (construction of a building) as well as for the procurement of Telecobalt machine with all essential accessories. Out of the said grant of Rs.5.00 crores, 1.5 crores was earmarked for construction of building and Rs.3.5 crore was allocated for the purchase of the said equipment.

(3.) The Director of Regional Institute of Medical Sciences (RIMS), Shri L. Fimate, through a publication in newspaper dtd. 8/3/2007 invited Sealed Tenders for supply of telecobalt machine and interested parties were required to submit their respective bids on or before 15.03. 2007. Altogether five parties, including the petitioner, submitted their tender forms along with proforma invoice with price and specification. The Tender Opening Committee opened the five sealed cover tenders on 23/3/2007 and the tender quotation of the petitioner submitted by Kirloskar (Accused No. 5), which is an agent of the petitioner company, was unanimously accepted since the other four tenders lacked three essential features i.e. Isocentric at 100 cm, 250 RMM output source and collision detection device. As far as the rates quoted are concerned, three firms quoted the rates ranging from Rs.2,98,40,000.00 to Rs.3,05,15,000.00 while M/s Panacea quoted Rs.1,59,00,000.00 and the petitioner's agent M/s Kirloskar quoted Rs.2,47,00.000 (exclusive of taxes).