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1967 Supreme(SC) 281

C.A.VAIDIALINGAM, M.HIDAYATULLAH
PASCAL FERNANDES – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

M. HIDAYATULLAH, J.

( 1 ) THIS is an appeal by special leave against an order of the High Court of Bombay dated July 20, l967 dismissing a criminal revision application filed by the appellant against an order of the Special Judge, Bombay tendering pardon to a co-accused under S. 8 (2) of the Criminal Law Amendment Act of 1952. The appellant is being tried before the Special Judge, Bombay along with seven others for conspiracy to cheat the officers of the Naval Dockyard and under S. 5 (2) of the Prevention of Corruption Act, 1947. The substantive charges against the several accused are different but it is not necessary to mention them here. The gist of the accusation is that the several accused had entered into criminal conspiracy to cheat the authorities of the Naval Dockyard. Material purchased locally was certified to be of superior quality while it was, in fact, inferior. In this and in diverse ways the Naval Dockyard Authorities were cheated to the tune of Rupees 8,65,000 and odd. Among the array of the accused in the case are three contractors (accused Nos. 5, 6 and 7) and their servant (accused No. 8), and four Government servants of whom accused No. l is the appellant














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