TaxTMI 
TaxTMI 
2025 (6) TMI 362
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....nd M/s Shiv Machine Tools, Chennai (Represented through Shri Hitesh V. Shah). The charge sheet was filed on 27.11.2020 for the offence u/s 120B IPC r/w 13(2) r/w 13(1)(d) Prevention of Corruption Act, 1988 before the Special Court. 3. It was alleged that when appellant was posted and worked as Senior Manager, Metallurgical Wing, MECON Ltd. during the period between 2013-2016, and prepared the Technical Specification (TS) for Durgapur Steel Plant Project Medium Structure Mill Laboratory Facilities and Bokaro Steel Plant Cold Rolling Mill Tender Project. He was responsible to pass the drawing/design of machines submitted by M/s Zeal India Chemicals and M/s Shiv Machine tools. 4. It has been alleged in the FIR that the appellant, while posted and functioning as Senior Manager, Metallurgical Wing, MECON Ltd entered into a criminal conspiracy with two firms, namely, M/s Zeal India Chemicals, Ranchi, and M/s Shiv Machine Toolsand in furtherance thereof accepted illegal gratification from the above two firms amounting to around Rs. 1,65,45,000/-through banking channel. It was further alleged that the appellant had received the said amount in various accounts existing either in his name ....
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....It further revealed that Mintu Naskar in conspiracy with U.N. Mandal, facilitated him to get illegal pecuniary advantage from M/s Shiv Machine Tools, Chennai by transferring the amount of Rs. 70 lakhs from the account of M/s Shiv Machine Tools to the account of U.N. Mandal for so called agreement to sale of plot. 10. The appellant transferred the amount of Rs. 70 lakhs received from M/s Shiv Machine Tools to the account of Mrs. Kusum Agarwal w/o Sh. Santosh Kumar Agarwal to purchase the duplex apartment 1203L1, Tritiya Tower-II, Tritiya Cluster within Uttara Complex situated at Plot no. II D/3, In Action area- II D, New Town, Kolkata - 700157 on the consideration price of Rs. 1.25 Crore. It is further revealed that Rs. 3,00,000/- was transferred to Premier Carworld Pvt. Ltd. against the purchase of a car ALTO K10 VXI- AKR4CD3(WB26X0662) of Rs. 3,71,848/- in the name of Supriti Mandal (Defendant No.2) vide Invoice No. 008/VSL162000666, dated 20/06/2016 generated by PREMIER CARWORLD PVT. LTD. 11. On the basis of ascertained facts and trails found in bank accounts in lieu of the amount received as illegal gratification and, proceeds utilised to purchase a Residential Duplex Apartmen....
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....hat Rs. 2,00,000/- was received on 12.10.2012 in the account of the appellant and Supriti Mandal and the balance was credited in the account of the relatives of Supriti Mandal. 14. The learned counsel for the appellant fairly admitted that the sale agreement dated 12.10.2012 was cancelled vide cancellation deed dated 12.01.2017 and entire sale consideration was returned to M/s Zeal India Chemicals. It was further argued that Supriti Mandal received the properties from her father in the year 2009 and was dealing with Ajay Jalan, Proprietor of M/s Zeal India Chemicals independently. 15. The learned counsel for the appellant stated that the amount received from M/s Shiv Machine Tools through Mintu Naskar was for sale of the land with constructed house for a consideration of Rs. 80,00,000/-. Thus, it was submitted that the appellant had nothing to do with the amount received from M/s Zeal India Chemicals and M/s Shiv Machine Tools thus, the properties were not liable for attachment not being acquired out of proceeds of crime. No other argument was raised by the counsel for the appellant. Arguments of opposite side: 16. The learned counsel for the respondent has contested the appeal....
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..... The amount was received in various accounts belonging to the appellant and his relatives/friends. 23. A sum of Rs. 49,50,000/- was paid by M/s Zeal India Chemicals during the period of 12.06.2013 to 15.06.2016 through bank accounts in the name of the appellant and in the name of his relatives/friends. An amount of Rs. 1,15,95,000/- was paid to the appellant by M/s Shiv Machine Tools during the period of 03.08.2015 to 02.08.2016 through the banking channel in the name of his relatives/friends. 24. It is otherwise a case where despite M/s Zeal India Chemicals having no requisite experience for supply/work in the Steel Plant, the work was assigned to it. It was a case where the appellant in conspiracy where Shri Ajay Jalan and Shri Hitesh V.Shah obtained an amount of Rs. 53.09 lakhs from M/s Zeal India Chemicals and Rs. 90.28 lakhs from M/s Shiv Machine Tools totaling a sum of Rs. 1,43,37,783/-. 25. The allegation is that out of the amount received from M/s Zeal India Chemicals, i.e., an amount of Rs. 53.09 lakhs was utilized by the appellant by transferring a sum of Rs. 15,08,000/- to one Subir Kumar Gupta for the purchase of plot at Barasat, North Parganas, West Bengal on 04.07....