KAPIL ABROL Vs. STATE

JUDGEMENT

(1.) Petitioner has been implicated in a CBI, Calcutta Unit registered Case No. 2397 along with several officials of Andaman and Nicobar Administration under sections 120B, 420, 468 and 471 of IPC and section 13(2) read with section 13(1)(b) and (d) of Prevention and Corruption Act. 1988.

(2.) The facts of the case are briefly stated hereinafter. The accused-officials of the Administration verbally awarded a contract to the petitioner for illumination of Aberdeen jetty for an estimated cost of Rs. 5 lakhs which was enhanced to Rs. 17,30,470/- without having any proper sanction from the appropriate authority. It is alleged that there had been neither any public tender called for the said work nor any appropriate procedure in relation to awarding of contract had been followed. It has been further alleged that subsequently the petitioner along with the co-accused manufactured and or fabricated documents defending the administration. The records of the administration had been allegedly interpolated and or tampered with by the said co-accused officials to favour the petitioner. A sum of Rs. 14 lakhs and odd had already been paid to the petitioner from the till of administration although the estimated contract value was Rs. 5 lakhs. On the basis of the First Information Report, an investigation was carried on by the CBI Authority and ultimately all the accused have been charge-sheeted by an order dated 12th June. 2001 which has been impugned in this revisional application.

(3.) The petitioner has prayed for quashing of the said order dated 12th June, 2001 and the proceedings, inter alia, on the following grounds: