The case for the prosecution is that on the 9th Novem ber, 1946, accused Nargundkar took these sealed tenders home, that the tenders were opened by him at his house, that the rates of the tender (Exhibit 1094 P 6) of E.J. Doongaji (P. W. 4) were divulged to accused 2 (R. section Patel), who was allowed to substitute another tender (Exhibit P 3A), containing rates lower than those of Doongaji, that thereafter these open tenders were brought to the office on the 11th November, 1946, and given to Amarnath (P.W. 20) who was the Assistant Commissioner of Excise, for submitting a report and that on the recommendation of Nar gundkar the tender of accused 2 (Patel) was accepted and the contract was given to him.