W.P. (C) No. 6345 of 2007. Case: Raj Kumar Kedia Vs Central Bureau of Investigation and Anr., [Alongwith W.P. (C) Nos. 6319, 6872 and 6874 of 2007]. Chhattisgarh High Court
| Case Number | W.P. (C) No. 6345 of 2007 |
| Judges | Sunil Kumar Sinha, J. |
| Issue | Prevention of Corruption Act, 1988 - Section 13(1) and 13(2); Motor Vehicles Act - Section 58(1); Motor Vehicle Rules - Rule 47A and 47B; Constitution of India - Articles 21 and 226; Criminal Procedure Code (CrPC) - Sections 155(2), 156(1), 173(5) and 482; Indian Penal Code - Sections 120B, 420, 468 and 471 |
| Citation | 2011 (3) CGLJ 219 |
| Judgement Date | April 11, 2011 |
| Court | Chhattisgarh High Court |
Judgment:
Sunil Kumar Sinha, J.
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The Petitioners are transporters. They are accused in Case No. 3/ 2007 (CBI v. M.C. Ghosh and Ors.) pending in the Court of Special Judge (CBI), Raipur. They have filed these petitions for quashing of the charge-sheet No. 9 dated 28.6.2007 filed by the CBI (subject matter of the aforesaid case) in F.I.R. No. RC-4(A) 2004/CBI/JBR dated 31.3.2004.
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The facts, briefly stated are as under:
(I) CBI has filed a charge-sheet against 35 accused persons, including the Petitioners, Under Sections 120B, 420, 471 read with 468 IPC and Section 13(1)(d) & 13 (2) of the Prevention of Corruption Act, 1988 (for short 'Special Act'). The matter is pending before Special Judge (CBI), Raipur. There are 3 categories of the accused persons in the charge-sheet. They are, officers and employees of the South Eastern Coalfields Limited (S.E.C.L.); contractors/transporters/vehicles owners; and authorities and staffs of the transport Department i.e. R.T.O's., A.R.T.O's. and dealing clerks etc. The allegations are that the vehicles which were deployed for coal transportation in the concerned projects of S.E.C.L., were of the carrying capacity of 25 metric tones (MT), whereas they were shown to be of the carrying capacity of 28-30 Metric Tones in their registration certificates, which were forged documents, and huge amount of excess payments were taken by the transporters/ contractors/vehicle owners on account of entry of such inflated carrying capacity in the registration certificates and other relevant documents relating to the vehicles. According to Clause 43 of the general terms and conditions of the Contract, the coal was to be loaded into Tipper(s)/truck(s) maximum upto the registered carrying capacity only and the same was to be checked on trip basis. Transportation charges for the quantity of coal loaded beyond the registered carrying capacity was not to be allowed as a penalty. The CBI received source information that the transporters, in connivance with the authorities of the R.T.O. and S.E.C.L, have submitted the registration certificates of the vehicles in which there are entries of their carrying capacity as 28-30 Metric Tones, whereas their actual carrying capacity was 25 Metric Tones, thus excess payments were taken by the transporters. This was investigated by the CBI. CBI came to the conclusion that actual carrying capacity of the vehicles deployed were 25 Metric Tones, whereas their registration certificates were issued showing them of the carrying capacity of 28-30 Metric Tones which were issued on the basis of manipulating/falsely making relevant entries in the sale certificates of the vehicles. Since it was not possible without the connivance or collusion of the accused persons and there was sufficient evidence against them, they were liable to be prosecuted under the aforementioned Sections of the IPC and the Special Act. CBI found that the employees of the S.E.C.L., by corrupt and II Iegal means or by otherwise abusing their official position as public servants obtained for themselves and other persons along with the transporters, pecuniary advantage to a very high tune. It was found that the employees of S.E.C.L. entered into criminal conspiracy with the contractors and transporters and they fraudulently and dishonestly facilitated the transporters in getting payments of excess transportation charges of coal at the rate of 28-30 Metric Tones per trip per vehicle on the basis of inflated carrying capacities mentioned in their registration certificates, whereas, the actual carrying capacities of the vehicles were 25 Metric Tones. CBI found that the contractors and transporters dishonestly got prepared the forged sale letters of the vehicles showing excess carrying capacity and submitted them to the R.T. Os. and succeeded in getting RC Books from the concerned R.T.O's showing the carrying capacity of 28-30 Metric Tones. Thereafter the RC Books were submitted to the S.E.C.L. by the contractors with an ulterior motive to overcome Clause 43 of the contract and to get excess payments from S.E.C.L. CBI further found that R.T.O. officials, knowing fully well that gross capacity of 10 wheeler truck is 25 Metric Tones, got those vehicles registered showing gross capacity as 28-30 Metric Tones. Therefore all the accused persons were liable for prosecution.
(II) On 24.9.2001 R.T.O., Bilaspur issued a memo to the vehicle owner (page 72 in W.P.(C) No. 6345/2007) that RLW 28,000 Kgs have been wrongly mentioned in registration certificates of the vehicles concerned which are in fact 25,000 Kgs. therefore, all the documents i.e. registration certificates, permits etc. should be brought to their office for necessary corrections. This order was challenged by 2 vehicle owners (one Petitioner herein) in W.P. No. 2486/2001. In this writ petition an interim order was passed on 8.12.2001 and it was directed that until further orders the impugned order dated 24.9.2001 shall remain stayed and the Petitioners shall be allowed to run their vehicles. However...
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