1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. seeking quashing of order dated 7th December, 2013 passed by Special Judge, CBI whereby the Special Judge rejected the fourth final closure report filed by petitioner/CBI in the matter and directed CBI to make further investigation into the matter.

2. The case was registered on source information against certain unknown officials of Airport Authority of India (AAI) and other unknown persons on the allegation that during 1995-1996, these officials entered into a criminal conspiracy with one Sh. Prem Bajaj, MD, M/s TDI International Pvt. Ltd. New Delhi with the object of causing wrongful pecuniary advantage to his firm in the matter of award and execution of contract of advertising rights on trolleys at five international airports and by abusing their official position as public servants as they awarded contract for advertising rights on luggage trolleys supplied for five international airports to M/s TDI, thereby causing wrongful gain of Rs. 21.5 Crores to M/s TDI and corresponding loss to Airport Authority of India (AAI).

3. The matter was investigated thoroughly however allegations made in the FIR could not be substantiated and Closure Report under Section 173 Cr.PC. was filed on 25th November, 2005. The relevant extracts of closure report prepared after the investigation are reproduced as under:

“Investigation disclosed that this proposal was dealt by Sh. Inderjit Singh, the then GM (Commercial) on 03.10.95. On 15.11.1995 and 17.11.1995, M/s TDI submitted revised proposals and subsequent to discussions with officers of AAI, a letter dated 15.12.1995 signed by Sh. Inderjit Singh GM (Commercial) was issued to M/s TDI stating that their offer for the free supply of trolleys at five International Airports in lieu of advertising rights for seven years has been accepted but the haring of maintenance costs between TDI and AAI would be worked out.

M/s Aaren Advertising Pvt. Ltd. Mumbai approached AAI with the proposal dated 27.12.1995 to supply trolleys free of cost and also undertook to do free retrieval and maintenance in lieu of advertisement rights on the trolleys. M/s Deltrol also submitted their proposal on 03.01.1996 to the Chairman, AAI. No action was taken on these proposals.

On 12.01.1996, after discussion between M/s TDI and AAI regarding the sharing of maintenance costs, a proposal was put up to Chairman AAI on 12.01.1996 for approval. At this stage, Sh. Sudhir Kumar ED (Finance) discussed the matter with the Chairman, AAI and recorded a note on 12.01.1996 that the Chairman had desired that M/s Aaren be also called and their proposal discussed in more specific terms.

M/s Aaren submitted their proposal on 18.01.1996 indicating a detailed plan of induction of 19500 trolleys free of cost and apart from the free maintenance and free retrieval they also offered to pay an amount of Rs.3.5 crores as licence fee to AAI. While discussions were being held between officers of AAI and M/s Aaren, M/s Sandeep Publicity also submitted their proposal on 06.02.1996 but the same was not considered. Investigation has also disclosed that on 02.02.1996, Shri Sudhir Kumar ED (Finance) after discussions with Chairman, AAI proposed that the proposals of M/s Aaren and M/s TDI be bench marked on a common standard and both parties be called to give a presentation of their proposal alongwith the prototype of trolleys.

A Committee of officers was then constituted to evaluate the two proposals. On 07.02.1996, the presentation of proposals as well as sample trolleys of M/s TDI and M/s Aaren, were seen by the Committee consisting of Sh. K. Tekchandani, Sr. ED (Ops.), Sh. M.A.Khan, ED (Commercial), Sh. Sudhir Kumar ED (F&A), Sh. H.P.Dash GM (Equipment) and Sh. Sunil Kumar Arora DGM (L&M). This Committee while doing the financial analysis arrived at the conclusion that t