( 1 ) THE petitioners, M/s A. B. Bofors, S. P. Hinduja, G. P. Hinduja and P. P. Hinduja, have through these petitions challenged the impugned order dated 14. 11. 2002 passed by the learned Special Judge whereby he has charged them for having entered into criminal conspiracy with the public servants late Shri Rajiv Gandhi, Shri S. K. Bhatnagar, Win Chadha, Ottavio Quattrocchi and Bofors President Matin Ardbo to cheat the Government of India inasmuch as that they had agreed to do or caused to be done illegal acts or acts which are legal by illegal means to cause wrongful loss to the Government of India to the tune of SEK 8410. 66 million i. e. Rupees 64 crores for the award of the contract for supply of 410 guns of 155mm and by deceiving the Government of India by fraudulent representation that the said gun and gun system was better in quality and cheaper in price and that no agent or middlemen would be used in the negotiations for the contract and they would reduce the price of the gun to the extent they would otherwise pay to their agents by way of commission and thereby cheated the Government of India. These offences are punishable under Section 120-B/420 IPC.

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