S N CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding being Special Case No.2 of 1978 (arising out of R.C. 3/77 dated 14.1.77) under section 120B of the Indian Penal Code read with section 5(1)(d) and 5(2) of Prevention of Corruption Act, 1947 pending in the Court of the learned special Judge, 3rd Court, Calcutta.

(2.) On 21.7.78 one Ranjit Kr. Sarkar, Inspector of police, CBI/SPE/Calcutta filed a complaint against one D.P. Chowdhury and 2 others, including the present petitioner, under section 120B IPC and section 5(1)(d) and 5(2) of Prevention of Corruption Act, 1947. The allegation made in the complaint was that Sri D.P. Chowdhury, Superintendent of Workshop, Light Houses and Light Ships, Ministry of Shipping and Transport, Calcutta, placed a purchase order on 14.11.73 for supply of 510 numbers of Leather Diaphram @ Rs. 17.50 with M/s. Subarban Supply Service, of which the present petitioner is the sole proprietor. The articles supplied were subsequently found to be substandard resulting loss to the department. It was further alleged that the accused D.P. Chowdhury purchased 9 Sft. of S.S. wire gauge from M/s. Subarban Supply Service 7on 18.8.73 at an excessive rate on the recommendation of accused S.C. Biswas, Assistant Engineer (M) who was working under accused Chowdhury. It was alleged that the accused D.P. Chowdhury in conspiracy with his subordinate accused S.C. Biswas, Asstt. Engineer, (Mechanical) and his brother accused S.N. Chowdhury (petitioner herein), purchased the aforesaid materials at a higher rate by abusing his official position and thereby obtained pecuniary advantage to the tune of Rs. 13,384/- and causing loss to the Government.

(3.) On receipt of the aforesaid complaint the learned Judge, Special Court by His order dated 21.7.78 took cognizance of the offence and issued process against the accused persons under aforesaid section.