Crl.A. No.-000760-000764 / 2020. M/S FERTICO MARKETING AND INVESTMENT PVT. LTD. vs CENTRAL BUREAU OF INVESTIGATION AND ANR. ETC. Supreme Court, 17-11-2020

Court:Supreme Court (India)
Judge:HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE HRISHIKESH ROY
Writing for the Court:HON'BLE MR. JUSTICE B.R. GAVAI
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 760- 764 OF 2020
[Arising out of SLP(Crl.) Nos. 8342-46 of 2019]
M/S FERTICO MARKETING AND
INVESTMENT PVT. LTD. AND ORS. ETC. …Appellant(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION
AND ANOTHER ETC. …Respondent(s)
WITH
CRIMINAL APPEAL NOS. 765-767 OF 2020
[Arising out of SLP(Crl.) Nos. 8314-16 of 2019]
CRIMINAL APPEAL NOS. 768-769 OF 2020
[Arising out of SLP(Crl.) Nos. 8420-21 of 2019]
CRIMINAL APPEAL NOS. 770-774 OF 2020
[Arising out of SLP(Crl.) Nos. 1792-96 of 2020]
CRIMINAL APPEAL NOS. 775-777 OF 2020
[Arising out of SLP(Crl.) Nos. 1789-91 of 2020]
CRIMINAL APPEAL NOS. 778-785 OF 2020
[Arising out of SLP(Crl.) Nos. 1821-28 of 2020]
J U D G M E N T
B. R. GAVAI, J.
Leave granted.
2. All these appeals challenge the common judgment and order
passed by the learned Single Judge of the Allahabad High Court
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Digitally signed by
DEEPAK SINGH
Date: 2020.11.17
17:42:57 IST
Reason:
Signature Not Verified
dated 14th August 2019. The facts in brief giving rise to the present
appeals are as under:-
On 18th October 2007, Coal India Limited had introduced a
new policy, whereunder the Fuel Supply Agreement (hereinafter
referred to as ‘FSA’) was required to be entered into by coal
companies and purchasers of coal. In pursuance of the said policy,
on 30th April 2008, an FSA was entered into between the appellants
in appeals arising out of SLP(Crl.) Nos. 8342-46 of 2019 and the
Coal India Limited. On 25th March 2011, a joint surprise raid was
conducted by the CBI in factory premises of Fertico Marketing and
Investment Private Limited and it was found that the coal purchased
under the FSA was sold in the black market. It was further found by
CBI that this was done in connivance with the unknown government
officials which led to loss of Rs.36.28 crore to the Central
Government. Accordingly, on 13th April 2011, an FIR came to be
registered by CBI for the offences punishable under Sections 120B
and 420 of the IPC and Section 13 (2) read with Section 13(1)(d) of
the Prevention of Corruption Act, 1988 (hereinafter referred to as
‘the PC Act’) against Mr. Anil Kumar Agarwal, Director of said M/s
Fertico Marketing and Investment Pvt. Ltd. and unknown officials of
the District Industries Centre (hereinafter referred to as ‘DIC’),
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