PANKAJ DAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an appeal under Section 374 (2) of the Cr.P.C. and Section 27 of the Prevention of Corruption Act, 1988 (for short 'P.C. Act.') against the judgment of conviction dated 07.07.2014 under Section 420/471/120-B IPC and Section 13(2) R/W Section 13(1)(d) of the P.C. Act, 1988 passed by the learned Special Judge, CBI, Assam, Additional CBI Court No. 2, Guwahati in Special Case No. 162/2004.

(2.) The allegation as contained in the FIR dated 07.11.2002 is that for supply of light vehicles in Nagaon Telecom District 'Notice Inviting Tender' (NIT) was shown published vide letter dated 11.09.2002 in three newspapers, namely, 'Purbanchal Prahari', 'Sentinel' and 'Kavaz'. Accordingly, tenders were submitted by (1) M/S B.D. Tours and Travels, (2) M/S Green Drive Travels and (3) M/S Glen View Travels, but the NITs seemed to have been originated from the same source, and the Bank draft deposited towards security deposit by the above three parties were also purchased from the same bank on the same date under consecutive numbers.

(3.) It was also alleged that Sri Biswajit Das, the proprietor of M/S B.D. Tours and Travels is the own brother of the appellant and out of the vehicles so supplied to BSNL by M/S B.D. Tours and Travels, one each belonged to Sri S.C. Tapadar and the sister of the appellant. The appellant and Sri S.C. Tapadar in criminal conspiracy with each other allegedly awarded the contract of supply of light vehicles to M/S B.D. Tours and Travels at exorbitant rates to their own relations by abusing their official positions causing financial loss to the BSNL.