GOKUL AGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the C.B.I. This application is directed against the order dated 13.12.2013 passed by the Special Judge, C.B.I, Ranchi in R.C. No.11(A) of 2009(R) whereby and whereunder the prayer for discharge of the petitioner from the case was rejected. The facts leading to filing of this case are that on the direction given by this Court in W.P.(PIL) No.803 of 2009, a preliminary enquiry was made on the matter relating to large scale irregularities and embezzlement of crores of rupees by the Engineers of the Road Construction Department as well as contractors and other persons in the matter of procurement of Bitumen for construction of road wherein it was found that the then Executive Engineers, Road Division, Road Construction Department, Hazaribagh, Shyam Sunder Singh, Birendra Kumar and Sone Lal during the period 2002 -07 entered into a criminal conspiracy with M/s. Classic Coal Construction Pvt. Ltd. Whereupon on submission of false/bogus invoices by M/s. Classic Coal Construction Pvt. Ltd. Showing procurement of bitumen from Government Company for the execution of work awarded to him, payments were made.

(2.) IT was further found that the contractors were required to procure Bitumen from the Public Sector Undertakings like Indian Oil Corporation, Bharat Petroleum corporation Limited etc. and before using Bitumen, contractors were required to submit invoices for procurement of Bitumen, a certificate regarding quality of Bitumen procured but the contractors without procuring Bitumen from the Government Company submitted false invoices pertaining to procurement of Bitumen and thereby took payment of Rs.17,69,517/ - on the basis of false certification by the engineers. On such allegations, a case was required as R.C. No.11(A) of 2009 - R on 16.9.2009.

(3.) IN course of investigation, it was found that M/s. Classic Coal Construction Pvt. Ltd. to whom the work had been awarded had gone in connivance with the petitioner, Director of M/s.Bharat Vanigya Eastern Pvt. Ltd, Kolkata, who had formed a cartel whereby the Directors of M/s. Vanigya Eastern Pvt. Ltd. supported M/s. Classic Coal Construction Pvt. Ltd. in getting tenders in favour of M/s. Classic Coal Construction Pvt. Ltd. in pursuance of criminal conspiracy hatched amongst themselves.