MAITHON CERAMICS PVT.LTD. 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(D), now pending in the Court of Special Judge, C.B.I. -cum -AD.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 entered into a criminal conspiracy with M/s Maithan Ceramic Pvt. Ltd. (the present petitioner), 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. 1,200/ - 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 120B/420 I.P.C.

(3.) LEARNED Counsel for the petitioner submits that the petitioner was an honest and simple purchaser for quick disposal of accumulated Kyanite from Hindustan Copper Ltd. to save the loss of the Government. It is further submitted that the petitioner has not committed any offence and being a simple purchaser, he cannot be implicated in this case as he has got no role in price fixation. Purchasing the said Kyanite cannot be an offence under any provision of Prevention of Corruption Act.