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2011 Supreme(Del) 242

MUKTA GUPTA
J. S. Bhatia – Appellant
Versus
CBI – Respondent


Advocate Appeared:
For the Petitioners:K.T.S. Tulsi, Senior Advocate with Raj Kamal, Advocate.
For the Respondents:Harish Gulati and Hemant Chaudhary, Advocates.

Judgment :-

Crl. M.A. No. 3313/2011 (Exemption)

Allowed, subject to all just exceptions.

Crl. M.C. 887/2011 & Crl. M.A. 3312/2010 (Stay)

1. By the present petition the Petitioner seeks quashing of non-bailable warrants dated 8th March, 2011 passed by the learned Special Judge, CBI against the Petitioner in case FIR No. RC AC1 2011 A0001 under Sections 7/8/13(2) read with 13 (1) (d) of Prevention of Corruption Act, 1988 (in short PC Act) and 120B IPC.

2. Briefly the facts of the case are that the Petitioner is the Director (Marketing) of M/s. Bhatia International Limited. The said Company is engaged in the business of trading of imported and indigenous coal since 1979. In the year 2009 NALCO floated a tender for supply of 1,00,000 Mt of indigenous coal wherein M/s. Bhatia International Limited was one of the bidders and was found to be L1. Similarly, in the year 2010 various tenders were floated by NALCO for supply of indigenous coal wherein M/s Bhatia International Limited was always a bidder and always cleared the tender in varying ratios. On 25th February 2011 on the basis of source information, above-mentioned FIR was registered for causing undue favour to a private party by p

























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