JUDGMENT :

U Durga Prasad Rao, J.

Challenging order dated 22.09.2007 in Crl.M.P.No.816 of 2005 in C.C.No.13 of 2003 passed by learned Special Judge for C.B.I Cases, Visakhapatnam, allowing the petition filed under Section 239 of Cr.P.C by the respondent/A-5 seeking to discharge him from the offences under Sections 120-B, 420 of IPC and Section 13(2) r/w.Sec.13(1)(d) of the Prevention of Corruption Act, 1988 ( for short PC Act ), the instant Criminal Revision Case is filed by the petitioner/CBI under Section 397 r/w 401 of Cr.P.C.

2. The prosecution case, succinctly is thus: The A1 worked as Director (Commercial) in Steel Authority of India Limited (for short, SAIL) during October, 1994 and March, 1995. The Steel plants of SAIL produce the sophisticated irons and steel products i.e., plates etc., and export part of those high quality products to abroad. Most of the steel products including plates are exported through Visakhapatnam Port Trust. After completion of shipment of the plates, the left over material (export surplus/export rejected), will be reclassified confirming to Bureau of Indian Standards before disposal in home sales and the material will be sold through Branch Sales off