Nafeesa Moloobhoy v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/13/2024 C.J.Antony VS The State With CRR/16/2024 Nafeesa Moloobhoy VS The State With CRR/20/2024 Mahinder Singh VS The State With CRR/32/2024 Vijay Kumar Thamby VS The State Mr. Gopala Binnu Kumar Ms. Vinita Devi ... for the petitioner

In CRR/13/2024 CRR/16/2024 CRR/32/2024 Mrs. Anjili Nag ... for the petitioner in CRR/20/2024 Ms. A.S.Zinu ... for the State April 4, 2024 [AKB] Item No.6,7,8 & 9 All these revisional application assailed the order dated 14.11.2023 rejecting the applications of the petitioner under Section 227 of the Code of Criminal Procedure, passed by the learned Special Judge, Andaman and Nicobar Islands, Port Blair.

All these revisional application are disposed of by this common order.

Learned counsels appearing on behalf of the petitioners of all the revisional applications have submitted that an application under Section 227 of Cr.P.C filed on behalf of the petitioners before the Trial Court for discharge of the petitioners, but that prayer was refused by the learned Trial Court in connection with Special Case No. 13/2014. One of the accused namely A. Selvam preferred revisional application being No. CRR/27/2023 before this Court and Hon'ble Justice Tirthankar Ghosh after hearing both sides returned his findings as follows:- "None of the documents under Section 207 of the Cr.P.C has been enclosed along with the present revisional application, and I find that thirteen persons have been implicated in this case, who either belong to the purchase committee or the procurement section.

The tender was called by the Purchase committee, as such, if after the tender was floated and a particular company/bidder was allotted the tender in that case whether the procurement department had any role to play or not in respect of the price which is the subject matter of consideration, was not brought to the notice of the learned Court while the application was moved on behalf the state.

State is directed to present the relevant documents and or supply the same if not already supplied to the learned advocate appearing on behalf of the accused/petitioner.

At this stage of

consideration of charges it is the duty of the court to see whether there is some suspicion or grave suspicion and as to whether a bridge was established between the two different departments, that is procurement department and purchase department in respect of the price component, for establishing a conspiracy for implicating the petitioner."

Learned counsels appearing on behalf of the petitioners submitted that all the petitioners of the revisional application stand on the same footings and the matter may be remanded for fresh hearing to ascertain the involvement of the petitioners/accused in the offence alleged. Learned counsel appearing on behalf of the State also prays for an opportunity to file documents before the Trial Court for adjudication of the issue afresh.

In terms of order of remand passed in CRR/27/2023 learned Special Judge only adjudicated the issue involving A.Selvam.

Mrs. Nag learned advocate appearing on behalf of the petitioner in respect of CRR/20/2024 has submitted that, the role of the petitioner was specifically contended before the Trial Court, but that was not dealt with in course of passing order of refusal dated 14.11.2023.

Mr. Gopala Binnu Kumar, learned advocate appearing on behalf of the petitioner in respect of other revisional applications has also advanced the identical contentions before this Court.

Given facts and circumstances I find it proper to remand the matter again to the learned Trial Judge for rehear the petitioners as well as the State in respect of specific role played by the petitioners in the alleged tender and disbursement of excess amount of the market price at the relevant point of time.

Accordingly the order dated 14.11.2023 stands set aside in respect of the petitioners with a request to the learned Trial Judge to rehear the applications filed on behalf of the petitioners after giving opportunity of hearing to both sides and also consider the documents to be filed on behalf of the State.

I make it clear that learned Judge shall not be influenced, in any manner, by the aforesaid observations. The learned Special Judge is also requested to dispose all the matter within six weeks from date.

With the aforesaid observations these revisional applications are disposed of Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

(Bibhas Ranjan De, J.)