When exercising inherent powers to quash criminal proceedings, the High Court must not conduct a mini-trial or resolve contested evidentiary issues. If a prima facie case exists and no mala fides are apparent, the matter must proceed to trial for the evaluation of evidence.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Heard learned Counsel Mr. P. Mahanta for the Petitioners, Nirmalendu Saha who is the petitioner of Criminal Petition No.438/2026 and Pranjal Sharma, the petitioner of Criminal Petition No. 441/ 2026. Nirmalendu Saha was a Professor of the NEHU University, whereas Pranjal Sharma was a businessman. Charge sheet has been laid against both the petitioners, Nirmalendu Saha and Pranjal Sharma and both the petitioners have filed the aforementioned petitions to quash the charge sheet laid against them with an additional prayer to quash the FIR lodged against them. Both the petitions are taken up together as the petitions stem from the same cause of action

2. It is submitted by the learned Standing Counsel, CBI Ms. M. Kumari that the genesis of the case is that both the accused petitioners, Nirmalendu Saha and Pranjal Sarma are alleged to have been involved in engaging in corrupt financial practices for supply of contractual work to the supplier Pranjal Sharma by Nirmalendu Saha who was the Head of Department of Zoology at the time of his retirement from North Eastern Hill University, Shillong (NEHU). Charge sheet has been laid against both the accused petitioners Nirmalendu Saha and Pranjal Sharma. Charges are succinctly described as follows:-

3. Professor Nirmalendu Saha joined as Lecturer of the NEHU in the year 1988 and was working as Dean of School of Life Sciences with four departments under him viz.:

Department of Botany,

Department of Zoology,

Department of Chemistry

Department of Biotechnology & Bioinformatics.

3.1. He was the academic head of these departments, whereas the other accused petitioner, Pranjal Sharma, established one Company, namely M/s Molbiogen on 27.01.2014 in Guwahati. Both the petitioners will be referred to by their names for the sake of brevity. Pranjal Sama's company dealt with supply of Laboratory items related to research in biology, physics and chemistry, equipment/object/material and machines through GeM, but if the materials were not available on GeM, NEHU used to purchase it through tender. Every department has a Local Purchase committee consisting of 3 to 4 HoD or professors to purchase the items as per requirements of the department as per rules/regulation of the Ministry of Finance, Government of India. In the Department of Zoology, there was a local purchase committee in which Professor S. R. Hajong was the Chairperson and the present petitioner, Nirmalendu Saha was a Member.

3.2 It was also alleged and charged that during the financial years 2024-2025, M/s. Molbiogen, Guwahati supplied articles amounting to Rs.2,10,685/- and at that time relating to the supply of the articles Nirmalendu Saha was the Principal Investigator, Department of Zoology. Again, in the same financial year, 2024-25, M/s. Molbiogen supplied articles amounting to Rs.2,48,995/- and Professor Nirmalendu Saha was also a Principal Investigator of the SERB project. Another set of articles amounting to Rs. 2,30,100 for the period 2024-2026 was supplied by Pranjal Sharma through his Company, M/s. Molbiogen. It is also alleged that Pranjal Sharma was continuously the lowest bidder in the tenders floated under the supervision of the Principal Investigator, Nirmalendu Saha.

3.3. It is alleged and charged that Nirmalendu Saha was about to retire on 31.12.2025 and he demanded an undue gratification of Rs. 3,43,000/- as reward from co-accused Pranjal Sharma for favouring him with allocation of multiple orders. The place where the undue gratification was to be handed over was a guest house in the Guwahati University campus.

3.4 It is also alleged and charged that due to his nefarious activities Pranjal Sharma was always under surveillan