AMARJIT GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL.M.No.32869 of 2012 Application is allowed subject to all just exceptions. CRL.M.No.M-16346 of 2012

(2.) THE present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.2, dated 2.5.2012, Annexure P1, under Sections 420, 466, 467, 471, 120-B IPC and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station V.B. FS-I, Mohali, District SAS Nagar (Mohali).

(3.) BRIEFLY stated, allegations are that House fed Punjab, i.e., Housing Federation had invited tenders from the contractors for construction of 632 flats in two pockets in Sector 79, Mohali. In pursuance of the said tender notice published in the newspaper, the contractors submitted tenders and same were opened on 7.7.2010. The contract was awarded to a joint venture of M/s Manohar Lal Gupta and Company Pvt.Ltd., M/s E.C.Construction Pvt. Ltd., and M/s Vantage Infratech Pvt. Ltd. in two groups for `.34,18,17665/- and `.38,58,72,164/-. However, lateron, it was revealed that the tender forms were not filled as per rules and instructions as the various rates were mentioned in figures only and not in words, whereas the rates were to be mentioned in figures as well as in words to avoid any tempering with the same at any later stage in the process of accepting the tenders. The entire process of opening the tenders was videographed and C.D. was prepared. However, later on, it was found that rates of some of the items have been enhanced in the tender form of the said concern after opening of the tender on 7.7.2010 and hence, tenders were accepted as per the increase rates and hence, loss to the tune of Rs. 8,61,22007/- has been caused to the department and corresponding gain to the said concern. Present petitioner-accused was posted as Superintending Engineer of the House fed Punjab at the relevant time. He was one of the members of the committee, who were entrusted the job of opening and accepting the tenders. The other members of the Committee were Tejinder Singh Virdi, then Managing Director, House fed Punjab, and Nishi Rana, Additional Registrar (D) Cooperative Societies Punjab. Further allegations are that though the tender form was signed by the other two members of the Committee and, however, petitioner-accused did not sign the said tender form at that time and rather he had taken the same with him and he later on signed the same. The DVD, which was prepared at the time of opening of the tender was seen by learned Additional Sessions Judge, Mohali, and he has mentioned about the discrepancies in the rates in his order.