AMIT SARKAR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned senior counsel assisted by Mr. Pfosekho Pfotte, learned counsel for the appearing for the petitioners and Mr. Imti Imsong, learned Additional A.G., Nagaland, appearing for the respondent State and Mr. T.B. Jamir, learned counsel appearing for respondent No. 5.

(2.) All the 3 (three) proceedings are taken up together for disposal taking into account similarity of the facts and issues involved.

(3.) From the materials on record it reveals that an FIR was filed by the Deputy Inspector General of Police, Vigilance and Anti-Corruption, Nagaland on 21/8/2017 alleging inter alia that from a preliminary investigation conducted by Shri B. Phongtau Phom, Dy. S.P., it was seen that there was an involvement of private individuals as well as Government officials in the commission of offence. It is further seen from the said FIR that on the basis of a preliminary investigation prima facie evidence have been established that a total amount of Rs.16,23,00,000.00 (rupees sixteen crores twenty three lakhs) were released under the Forward Linkage Scheme by setting up of MRI Unit at NHAK, Rs.15,49,40,000.00 (rupees fifteen crore forty-nine lakh and forty thousand) was paid to M/S Kodonyi Enterprises (for short 'the enterprise in question') in two installments, i.e. on 22/3/2013 and on 3/10/2013 and the remaining amount of Rs.73,60,000.00 (rupees seventy three lakh sixty thousand) was paid to the Assistant Commissioner of Tax, Kohima, being the VAT on 22/3/2013. It has been further mentioned that the Budgetary Quote from SIEMENS for the machine with 22 supporting accessories, local accessories and installation was Rs.5,00,00,000.00 (rupees five crores) whereas the bill submitted by the enterprise in question for the cost of the MRI machine including transportation and installation charges, its accessories including installation charges, Civil Works including transportation and installation charges, Office furniture including transportation and installation charges and Silent Diesel Generator including transportation, civil works and installation charges was Rs.16,23,00,000.00 (rupees sixteen crores and twenty three thousand) inclusive of Rs.73,60,000.00 (seventy three lakhs sixty thousand) VAT. It further reveals from the preliminary investigation that the total numbers of the equipment alongwith the accessories and installations would have been Rs.4,68,00,000.00 (rupees four crores sixty eight lakhs) which includes the cost of transportation from China to Mumbai. However, the enterprise submitted a bill of Rs.7,60,00,000.00 (rupees seven crores sixty lakhs) for the cost of MRI machine including transportation and installation, Rs.1,50,00,000.00 (rupees one crore fifty lakhs) for the optional/non-optional SIEMENS items including transportation and installation charges. It is further mentioned in the said FIR that an amount of Rs.4,42,00,000.00 (rupees four crore forty two lakhs) was claimed by the enterprise in excess of the total amount. Further to that, the total cost of Civil Works including transportation and installation charges was Rs.1,61,40,000.00 (rupees one crore sixty one lakh and forty thousand) which required physical verification of the Technical Wing and the cost of comprehensive warranty of the machine for a period of 5 years @Rs.82,00,000.00 (rupees eighty two lakh) per year i.e Rs.4,10,00,0000.00 (rupees four crore ten lakhs) required proper clarification from the contractor. 3. On the basis of the said FIR, a case was registered under Sec. 120B read with 409/420/465/477A of the IPC and Sec. 8/9/13(1)(c)(d)&(2) of the Prevention of Corruption Act, 1988 (for short, the Act of 1988) and the same was endorsed to the Additional S.P., Vigilance and Anti-Corruption for investigation. This initiation of investigation by the Nagaland State Vigilance Commission had been challenged in the instant proceedings on the ground that the State Vigilance Commission would have no jurisdiction to carry out any enquiry or investigation against the petitioners.