Judgment

GROVER, J.: - These appeals by special leave are from a common judgment of the Assam & Nagaland High Court and are directed against the orders made by that court quashing the charges for alleged offences under certain provisions of the Indian Penal Code and the Prevention of Corruption Act, 1947.

2. The facts may be stated. Lt. Col. G. K. Apte the respondent in Cr. A. No. 164/68 was posted to Tejpur as Staff Officer No. 1 in the summer of the year 1960. It appears that a project known as "Tusker Project" had to be carded out in the NEFA area. The main duty of the units employed in the Project was the making of roads in the NEFA area to enable the movements of troops etc., in the event of any Chinese aggression. Brigadier Mani was in-charge of the Project as Military Chief Engineer. Apte was posted as Staff Officer No. 1. This post corresponded to that of a Superintending Engineer on the Civil side. The Chief Engineer had various powers which he could delegate to the senior Officers working under him. Such powers included the authority to make local purchases of such items or articles as were required by the various units which were not readily available either from the Milit