* 1 * Revn.19.2010 Revn.699.2009 1.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 19 OF 2010 Central Bureau of Investigation .... Applicant V/S. Arun Trimbakrao Khire & anr. .... Respondents W I T H CRIMINAL REVISION APPLICATION NO. 699 OF 2009 Central Bureau of Investigation .... Applicant V/S. Vijaykumar S. Borde & anr. .... Respondents * * * * * Mr. Mandar Goswami, Adv.for applicant in Revn.19/2010. Mr. A.S. Gadkari, Adv. for applicant in Revn. 699/2009. Mr. Prakash Naik, Adv.for respondent no.1 in Revn.19/2010. Mr. D.U. Mirajkar i/by. Ms. Shilpa Joshi, Adv for respondent no.1 in Revn. 699/2009. Mrs. P.H. Kantharia, APP for the State in all the matters. CORAM :- Smt. R.P. SondurBaldota, J. 1st August, 2011. P.C. :- 1. These two Revision Applications have been filed by the Central Bureau of Investigation to challenge the judgment and order dated 14th * 2 * Revn.19.2010 Revn.699.2009 1.8.2011 August, 2008 by which the Special Judge, Greater Mumbai allowed the applications for discharge by the respondents. 2. Briefly stated, the allegations against the respondents are that, they had entered into a criminal conspiracy with other officers of Mazgaon Dock Limited and some private persons for procuring steel material which was required for ONGC project undertaken for the Mazgaon Dock Limited from the private parties at a price which was significantly higher than the prevailing market price. It is alleged that the respondents in connivance with others had bypass the prescribed procedure of issuing general public tenders and thereby shown undue favours to private parties. It is also alleged that the material purchased from the private parties under 39 purchase orders during the period 1996 to 1998 was of different specifications. Resultantly, there was overpayment by Mazgaon Dock Limited to the extent of about Rs.4 crores. 3. The respondents in their applications for discharge claimed that the above measure was taken in order to give delivery of the agreed items within the stipulated time to ONGC, though the persons from whom the materials were purchased were not the approved members of Mazgaon Dock Limited, but they had on various occasion in the past since the year 1988 sold goods to Mazgaon Dock Limited. The orders * 3 * Revn.19.2010 Revn.699.2009 1.8.2011 placed by ONGC had very tight delivery schedule, therefore, it was not possible to go through the regular procedure of issuing tenders etc. In such circumstances, separate individual approval from the competent authority was dispensed with. While allowing the applications for discharge, the learned Special Judge observed that it is not anybody’s complaint that the material supplied was of sub-standard quality. There is no grievance made by ONGC as regards the quality of goods supplied. The goods as supplied have been accepted by ONGC. Infact, the timely supply had curtailed the losses of 109 crores. With this, the turnover of ONGC was infact enhanced from 990 crores to 1700 crores. Therefore, the learned Special Judge observed that mere deviation from the strict procedure prescribed in the past cannot be an offence. Besides, the Special Court also noticed that the investigating agency has been selective and partial in indicting the officers. It has chosen to indict only some of the officials while leaving the other officials who had infact played a larger role. Such officials are cited as witnesses. The respondent in Revision Application No. 699 of 2009 was concerned with the purchase only at the initial stage he being the recommending authority, whereas, the applicant in Revision Application No. 19 of 2010 was the Manager of Offshore Stores who had only received the goods on behalf of Mazgaon Dock Limited. Considering the above facts * 4 * Revn.19.2010 Revn.699.2009 1.8.2011 of the case, the Special Court had rightly arrived at the conclusion that there is no offence committed by any of the respondents and discharged them. There is no reason to interfere with the order of discharge. Hence, the applications are dismissed. [SMT. R.P. SONDURBALDOTA, J]