CHANDRA BHUSHAN SAHAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 Cr.P.C. for setting aside the entire criminal proceeding against the petitioner/ accused in RC-14(A)/ 2010-R pending in the court of Special Judge, CBI, Ranchi for the offence punishable under Sec. 120B read with Ss. 420, 465 and 471 of the Indian Penal Code and Sec. 13(2) read with Sec. 13(1)(c) of the Prevention of Corruption Act, 1988. (hereinafter referred to as P.C. Act.)

(2.) The petitioner accused was the project officer at the relevant time and on surprise check conducted by the CBI huge shortage was found between the actual physical stock and the book stock of coal in Central Coal Field Mines.

(3.) The FIR was registered on 29/6/2010 with regard to coal-shortage in Jharkhand Open Cast Project, Hazaribagh Area of Central Coalfields Ltd., in which the petitioner had been the Project Officer during the year, 2009-10. The instant case was instituted after the joint surprise check conducted by the CBI on 4/2/2010 in Jharkhand Coals Project CCL under Hazaribagh, which disclosed shortage of 30,887.38 metric ton of coal. The total Book Stock of coal on the date of check was 1,87,988.18 metric ton, whereas after the measurement, the physical available stock of coal was found to be only at 1,57,100.8 metric ton. The total value of the shortage as per the current rate was Rs.3,45,93,866.00. The main allegation is that while preparing contour plan of the heap no.15, ground levels were manipulated, which was approved by Shri Bhagwan Das Yadav, Chief General Manager, CCL, Hazaribagh Area, Charhi without getting the same verified by the Area Surveyor Officer. It is also alleged that shortage of coal was continuing since long and the accused public servants in pursuance to the criminal conspiracy attempted to conceal the shortage of the coal by preparing manipulated measurement books. It is further alleged that the accused person, in an attempt to make up the shortage of coal, dispatched coal mixed with substantial amount of over burden (rocks, shale etc.).