RAMESH KUMAR SINGHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned senior advocate appearing on behalf of the appellant. Also heard Mr. S.C. Keyal, the learned Standing Counsel, CBI appearing on behalf of the respondent/C.B.I.

(2.) Appeal is preferred under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374(2) of Code of Criminal Procedure, 1973 against the judgment and order dated 06.06.2001 passed by the learned Special Judge, Shillong in Special Case No.5/1995 convicting the appellant under Section 120-B/468/471 of IPC and sentenced to undergo rigorous imprisonment for 2 (two) years and to pay a fine of rs.3,000/- in default, to undergo rigorous imprisonment for 1(one) year.

(3.) The prosecution case in brief is that during the year 1981, ONGC Stores and Purchase Section, Sibsagar had invited quotations for supply of Pneumatic Tool Hose and Flat Canvas Belt 6" width. The suppliers submitted their quotations to ONGC Stores, Sivasagar and the rate of Rs.54/- per metre of Pneumatic Tool Hose and 3 Braids Dunlop at the rate of Rs.70/- per metre of Canvas Belt 6" width quoted by M/s R.A. Enterprise, Dibrugarh, being the lowest was accepted by ONGC, Sivasagar. The ONGC Stores and Purchase Section, Sibsagar placed supply Order No.108 MS 1055 dated 14.08.1981 under the signature of Mr. M.C. Sharma, Stores and Purchase Officer, ONGC, Sivasagar on M/s R.A. Enterprise, Dibrugarh for the supply of 555 metres of Pneumatic Tool Hose at the rate of Rs.54/- per metre for a total Rs.29,970/- with 2% discount less by Rs.149.85 inclusive AFT for a payable amount of Rs.29,820.15/-. The copies of supply orders were sent to Purchase Accounts Section, Inspection Unit, ONGC, Sibsagar. For Canvas Belt another supply Order No. 108 MS 1718 dated 10.11.1981 for the supply of 210 metres at the rate of Rs.70/- per metre was also placed on the party for total Rs.14,700/- including AFT under the signature of Mr. Koshal, Stores and Purchase Officer, ONGC, Sibsagar. The copies of supply orders were sent to Purchase Accounts Section, Inspection Unit, ONGC, Sivasagar. The copies of Accounts Section were kept by Mr. RA Shukla, Senior Accounts Assistant. The parties supplied the materials to ONGC and submitted bills raising Rs.154/- per metre of Pneumatic Hose Tools and Rs.470/- per metre for Flat Canvas Belt. The bills were received by Mr. R.A. Shukla and Mr. Shukla linked up the party's bill with forged copies of supply orders containing forged signatures of Mr. M.C. Sharma and Mr. A.S. Krishali, Stores and Purchase Officer, prepared payment vouchers and got it signed by Mr. C. Sen, FAO authorizing payment on the basis of which a sum of Rs.91,452/- and Rs.98,700/- were paid to the supplier, on the basis of wrong and inflated bills and the Firm received full amount of Rs.1,22,170/- against Rs.44,670/- legally due to the Firm and there was an excess payment of Rs.77,500/-.