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| Supply of lesser weight GI Pipes to BSNL | | Accused sentenced till rising of Court, fine imposed | |
JAMMU, JUNE 15
CJM Jammu Mr. Sanjeev Gupta in rarest of the rare case u/s 420 and 471 RPC sentenced accused VS Chouhan supplier of Gaziabad UP and Vijay Kumar Aggarwal and Subash Lal Srivastva of Roorke U.P till rising of the Court. The Court also imposed a fine of Rs.2.50 lakh on the accused VS Chouhan Rs. 50,000 each to Kumar Aggarwal and Subash Lal Srivastva. The fine be paid by the accused in the open Court and the same be given to the representative of GM BSNL Jammu, the Court ordered..
CJM Jammu, after hearing both the sides, observed that the accused persons have been charge-sheeted by the CBI u/s 420-A r/w 471 RPC. Counsel for the accused has filed an application that offence u/s 420 RPC is not made out against the accused persons since the accused persons have filed applications for plea bargaining u/s 265 (b) of Cr PC as such offence u/s 420-A r/w section 471 RPC may be altered to offence u/s 420 r/w section 471 RPC. At this stage Sr. Public Prosecutor Mr. SK Bhat appearing for the CBI as well as IO of the case Mr. PS Jamwal Inspector CBI has stated in the open Court that they have no objections in case the application of the accused persons is allowed. Sr. PP SK Bhat has filed a photocopy of minutes of Law Commission in which concept of plea bargaining has been explained. The statement of Sr. PP and IO of the case have been recorded in which they have re- treated the aforesaid stand.
CBI has registered two FIRs against two firms that had supplied GI Pipes to the BSNL of the lesser weight in the year 2001, though under the contract they were obliged to supply GI pipes on the basis of contract. The two charge-sheets were filed in this Court on the same set of evidence. Since the accused persons have voluntarily made applications for plea bargaining, which is evident from their statements recorded in the Court, as such offence mentioned in the charge-sheet against them under 420-A RPC is treated as 420 RPC and convicted accused persons u/s 420 and 471 RPC in terms of section 265 (b) of Cr PC and sentenced them to pay fine of Rs 2, 50, 000 and 50, 000 each respectively. JNF
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