JAGADISH BORAH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. Kamal Agarwal, learned Senior Counsel, assisted by Mr. Jyotirmoy Roy, learned counsel for the accused petitioner and Mr. P.N. Choudhury, learned Standing counsel CBI, for the sole Opposite Party.

(2.) The facts of the case is that the then Development Commissioner (Handicrafts), Government of India, New Delhi, being responsible for development of handicrafts for the entire country, while visiting Guwahati felt the need for a handicraft museum under the Government/Public Sector Unit in the Northeast for showcasing its rich heritage and handicrafts and textiles considering that the people of Northeast are culturally and traditionally linked and accordingly suggested the present petitioner for the same. In view of that the accused petitioner the then Managing Director of North Eastern Handicrafts and Hand-loom Development Corporation Limited (NEHHDCL, in short) in the first part of the year 2009 submitted an estimated fund amounting to Rs. 50,00,000/- proposing to set up the Handicrafts Museum at in the 'Dye House' of NEHHDCL, at Pub-Bora Gaon, Gorchuk, Guwahati to showcase the rich handicrafts and textiles of the North Eastern Region. Thereafter, the Central Government in the Handicrafts Department sanctioned grants-in-aid of Rs. 50,00,000/- to the NEHHDCL, Guwahati and released 50% of the said 50,00,000/- being Rs. 25,00,000/- towards payment as first installment as non-recurring grant-in-aid to the said corporation for setting up the said Handicrafts Museum.

(3.) It is alleged that the accused persons including the petitioner herein entered into a criminal conspiracy jointly or severely and the accused persons in connivance with the concerned personnel of NEHHDCL by fraudulent means, using forged documents and the accused officials of the said corporation by issuing limited tenders allotted the work relating to designing of the concerned Handicrafts Museum and also the civil repairing works, to one of the accuse person caused a total loss to the Government of India to the tune of Rs. 6,74,648/- and corresponding wrongful gain to the accused persons which discloses commission of cognizable offences under Sections 120B/420/468/471 of IPC read with Sections 13 (1)(d)/13(2) of the Prevention of Corruption Act, 1988. Accordingly, a criminal case being RC 0172013 A0003 was registered against the accused persons including the petitioner and after investigation of the matter, the Opposite Party CBI on 20.02.2013 submitted the Final Report under Section 173 Cr.P.C. before the Special Judge, CBI, Assam, Guwahati against the petitioner, and two others. The said case was registered and numbered as Special Case No. 4/2014 (CBI -Vs- Jagadish Bora and others) before the Special Judge, CBI, Assam, Additional Court No. 1, Guwahati. The charge sheet of the case submitted by the CBI reveals that the petitioner being the Managing Director of the NEHHDCL is a public servant and misused his official power for his own benefit, misappropriate the money that was sanctioned by the Ministry of Handloom, Government of India, towards construction of the Handloom Museum at Guwahati under grants-in-aid received from the Development Commissioner (Handloom), Government of India. The learned Special Judge, CBI, Assam, Additional Court No. 1, Guwahati, after hearing both the prosecution as well as the defence, by his order dated 27.05.2016 passed in said Special Case No. 4/2014 rejected the prayer of the accused petitioner to discharge him from the charges leveled against him in the said charge sheet dated 20.02.2013 submitted by the CBI and came to a finding that the charges would be framed against the accused persons including the petitioner and fixed the case for framing charge against all the accused persons.