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2020 Supreme(SC) 661

A.M.KHANWILKAR, B.R.GAVAI
Fertico Marketing and Investment Pvt. Ltd. – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
For the Petitioner(s):Niraj Sharma, Ajit Kumar Sinha, Ambhoj Kumar Sinha, Shubhi Sharma, Ashwarya Sinha, Advocates
For the Respondent(s):Arvind Kumar Sharma, Ashwani Kumar Dubey, Manish Kumar, Advocates

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. All these appeals challenge the common judgment and order passed by the learned Single Judge of the Allahabad High Court dated 14th August 2019. The facts in brief giving rise to the present appeals are as under:-

    On 18th October 2007, Coal India Limited had introduced a new policy, whereunder the Fuel Supply Agreement (hereinafter referred to as ‘FSA’) was required to be entered into by coal companies and purchasers of coal. In pursuance of the said policy, on 30th April 2008, an FSA was entered into between the appellants in appeals arising out of SLP (Crl.) Nos. 8342-8346 of 2019 and the Coal India Limited. On 25th March 2011, a joint surprise raid was conducted by the CBI in factory premises of Fertico Marketing and Investment Private Limited and it was found that the coal purchased under the FSA was sold in the black market. It was further found by CBI that this was done in connivance with the unknown government officials which led to loss of Rs. 36.28 crore to the Central Government. Accordingly, on 13th April 2011, an FIR came to be registered by CBI for the offences punishable under Sections 120B and 420 of the IPC and Section 13


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