https://www.taxtmi.com/caselaws?id=757813 A prosecution based mainly on an unfinalised CAG audit report and allegations of wrongful disposal of coal rejects could not be sustained where contemporaneous contractual documents, the mining plan, washability material and prior civil findings did not disclose prima facie criminality. The Court held that the agreements required supply of washed coal and environmentally compliant disposal of rejects, but did not show any duty to treat the rejects as KPCL's saleable property. It further treated the matter as essentially civil and commercial, with no material showing criminal intent or wrongful gain. The orders framing charge and refusing discharge were therefore held unsustainable, and the discharge ought to have been allowed. en-us Fri, 23 Aug 2024 00:00:00 +0530 Thu, 29 Aug 2024 14:53:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757813 A prosecution based mainly on an unfinalised CAG audit report and allegations of wrongful disposal of coal rejects could not be sustained where contemporaneous contractual documents, the mining plan, washability material and prior civil findings did not disclose prima facie criminality. The Court held that the agreements required supply of washed coal and environmentally compliant disposal of rejects, but did not show any duty to treat the rejects as KPCL's saleable property. It further treated the matter as essentially civil and commercial, with no material showing criminal intent or wrongful gain. The orders framing charge and refusing discharge were therefore held unsustainable, and the discharge ought to have been allowed. Case-Laws Indian Laws Fri, 23 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757813