Both the Criminal Revisions No.263 of 1994 and Criminal Revision No.336 of 1994 have been preferred by the State of Assam and Mr. Niranjan Ghosh against the judgment and order dated 17.5.94 passed in Special Case No. 7 (A)/ 94 (ACB PS Case No.22/89) by the Special Judge, Assam and for quashing the proceedings in Special Case No.7 (A)/94 (ACB PS Case No.22789) pending in the Court of the Special Judge, Assam, Gauhati.

2. Both the revision petitions have been taken together for disposal as both involve same question for decision and both have arisen from the same impugned judgment and order.

3. The prosecution story in the case was that the Government of Assam by order No.EDB-271/87/159 dated 30.11.88 directed the State Co-operative Marketing Consumers Federation Ltd (referred as Statfed), Assam to procure 1.8 lac tonnes of levy free rice. The Executive Committee of State fixed up modalities for supply of rice by different suppliers. Accordingly by an order dated 26.12.88 M/s Imperial Trading of Guwahati was asked to supply one rack of rice and this order was subsequently modified by order jiated 1.3.89. But M/s Imperial Trading by a registered power of attorney empowered to supply ric

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