SANTOSH KUMAR KARANJAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed this revision application for setting aside the order dated 14.2.2007 passed by the C.B.I. Special Judge -cum -A.D.J. -VIII, Dhanbad who has rejected the discharge application filed by the petitioner in R.C. Case No. 2/1987(0), now pending in the Court of Special Judge, C.B.I. -cum - A.D.J. -VIII at Dhanbad and further hold that there are, prima facie, materials to frame the charge against the petitioner.

(2.) PROSECUTION case, in brief, is that Sri S.K. Karanjai, Senior Manager (Commercial), Hindustan Copper Ltd., Kolkata (the present petitioner) entered into a criminal conspiracy with M/s Maithan Ceramic Pvt. Ltd., M/s Associated Ceramic Pvt. Ltd. and M/s Valley Refractories Pvt. Ltd. and in pursuance of the said criminal conspiracy dishonestly or fraudulently induced the authorities of Hindustan Copper Ltd. to reduce the price of Kyanite Grade -I produced by Hindustan Copper Ltd. "from Rs. 1,000/ - to Rs. 600/ - per M.T. on the basis of false and misleading information furnished by Sri S.K. Karanjai to his senior officers. The reduced price of Rs. 600/ - for Kyanite Grade -I was made effective from 6.3.1986 and the aforesaid three firms in conspiracy with Sri S.K. Karanjai lifted about 5000 M.T. of Kyanite from Rajkharsawan yard (Bihar) during a period of 25 days only by depriving other Government sector undertakings from lifting their required quantity and thereby caused a wrongful loss of Rs. 20 Lakhs approximately and a corresponding gain to the aforesaid firms. In addition to this, Sri S.K. Karanjai further induced the authorities of Hindustan Copper Ltd. to raise the price of Kyanite Grade -I from Rs. 600/ - to Rs. 1200/ - per M.T. in order to make further benefit to the aforesaid firms in lieu of the fact purchased of Kyanite Grade -I by them at a lower price inasmuch as Hindustan Copper Ltd. being a prime supplier of the Kyanite, controls the market price in the area. On the basis of' this information, a regular case is registered against aforesaid Sri S.K. Karanjai, Senior Manager (Commercial), Hindustan Copper Ltd. and the proprietor/partners of M/s Maithan Ceramic Pvt. Ltd., M/s Associated Ceramic Pvt. Ltd. and M/s Valley Refractories Pvt. Ltd. under Section 120BI 420I.P.C.

(3.) LEARNED Counsel for the petitioner submits that the petitioner has only given a suggestion and a decision taken by the General Manager (Commercial) in presence of petitioner and Mr. Giri, Commercial Officer dealing in Kyanite sale. He further states that Mr. R. Kuppuswami, the General Manager (Commercial) wanted a suitable proposal to prepare for reduction in price to Rs. 600/ - Per M.T. in place of Rs. 1,000/ - Per M.T. for a short period as the financial year is fast approaching to closure. It is further stated that he has only submitted a suggestive proposal and reduction in price finally approved by CMD after applying the mind and knowledge of consequences as compared to current price with expected stock available for sale. Therefore, he is not responsible or he was not in any conspiracy to reduce the price of the Kyanite and thus, he cannot be implicated in this case and he was not the final authority in fixation of price.