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Issues: (i) whether the materials collected in the case disclosed a prima facie case warranting framing of charge, particularly on the questions whether the circulars and guidelines governing supply of HSD applied to the alleged transactions and whether the ingredients of cheating, conspiracy and forgery were made out; (ii) whether absence of sanction and the nature of the accused being officers of public sector undertakings justified discharge.
Issue (i): whether the materials collected in the case disclosed a prima facie case warranting framing of charge, particularly on the questions whether the circulars and guidelines governing supply of HSD applied to the alleged transactions and whether the ingredients of cheating, conspiracy and forgery were made out.
Analysis: The record showed that the Ministry circular of 1981 was confined to HSD from Koyali Refinery and that the later circulars of 1988, 1994, 1995 and 1996 dealt with LSHF-HSD, High Flash-HSD, LDO and crude sludge. The Court accepted the view that those circulars did not govern regular HSD supplied by the oil companies during the relevant period. It also found that the prosecution did not establish any false representation by the accused, any knowledge on their part that C-Forms were bogus, any evidence of forged documents attributable to them, or any material showing that they had caused wrongful loss by selling HSD at a lower price or by acting in criminal conspiracy.
Conclusion: The prosecution materials did not disclose the necessary prima facie foundation for the offences alleged, and the finding on this issue was against the prosecution.
Issue (ii): whether absence of sanction and the nature of the accused being officers of public sector undertakings justified discharge.
Analysis: The Court noted that no sanction had been granted for prosecution and that the competent bodies had also refused sanction. It further held that, on the facts of the case, the larger question was not merely sanction but whether any prosecution could at all be sustained in the absence of adequate foundational material. The discharge order was found to be consistent with the record and with the limited scope of interference at the stage of Section 227 of the Code of Criminal Procedure, 1973.
Conclusion: The absence of sanction, coupled with the lack of sufficient grounds to proceed, supported the discharge of the accused.
Final Conclusion: The revisional challenge failed, and the discharge orders were upheld as the record did not justify continuation of proceedings against the accused.
Ratio Decidendi: At the stage of discharge, where the record discloses only suspicion and not grave suspicion, and the governing departmental communications do not support the alleged criminality, the accused may be discharged rather than put to trial.
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