1. Heard.

2. The petitioners through the instant three petitions filed under Section 561-A of Cr.P.C seek quashing of the proceedings initiated by the Central Bureau of Investigation in FIR No.RC004-2005 A 0012 dated 01.10.2005 registered by Police Station, Central Bureau of Investigation/ACB/Jammu purported to be under Sections 420, 467,468,471 and 120-B of the Ranbir Penal Code and final report filed in the Court of learned Chief Judicial Magistrate Jammu under Section 173 Cr.P.C and the order of charge dated 12.02.2007. All these petitions have been clubbed together as all petitioners have allegedly been involved in same FIR and have been directed to be charge sheeted by way of common order dated 12.2.2007 by CJM Jammu.

3. The brief facts of the case are that vide order dated 12.09.2005 passed by this court in CMP No.49/05 in PIL no.24/2005 titled Rattan Singh Gill vs. State of J&K and ors., the Central Bureau of Investigation was directed to register a case on the basis of FIR No. 24/05 dated 02.07.2005 by Police Station, Crime Branch, Jammu. The case was registered by the Crime Branch Jammu on the complaint of one Shri V.K. Gupta son of Manga Ram Gupta resident of Trikuta Nagar, Jammu. CBI accordingly registers the FIR for offences under Sections 120-B r/w 420, 467, 468 and 471 RPC.

4. It was alleged in the said complaint that against order of “A” Grade timber, the officers of Forest department pass “C” Grade timber; that against supply of Deodar the officers of Forest Department dispatch Fir which is 1/8th of the price of Deodar, that officers of Forest Department accept Fir Chir against Deodar from the contractors (timber merchants and for showing this favour the officers of Forest Department are accepting 10% Commission of the total value of timber that the timber merchants are supplying only 7 sleepers in 1 Cu.mt. whereas 1 Cu.mt. must contains 10 sleepers and thus the officers of Forest Department are accepting only 60-70% of the volume of the total supply and that the officers of the Quality Control Department of the Army accept “C” Grade timber against the order of “A” Grade and for showing this favour, they accept 10% of the value of the timber as commission from the timber merchants.

5. During the Investigation, it was revealed that DGS&D New Delhi had placed two Supply Order is dated: 29.03.2005, which is in respect of 210 Cu.mt. of timber sleepers Grade-II of Chir/Fir species to be supplied to Army. This supply order was raised to 430 Cu.mt. The second supply order was dated 06.04.2005 for supply of 1370 Cu.mt. of timber sleepers Grade-I of Chir/Fir species to be supplied to Army. In response to these two supply orders the Forest Department procured timber of Chir/Fir species from five different traders, the details whereof are as under:—

S. No	Name of the timber merchant	Timber procured  Quantity (in Nos.)	Quantity in Volume (Cu.mt.)
1.	M/s. Classic Timber Traders	1,590	175
2.	M/s. National Timber Traders	2,504	275
3.	M/s. Farooq and Co.	410	45
4.	M/s. Syal Enterprises	684	75
5.	M/s. J.K.Wood Products	228	25
	Total	5,416	595

Regarding allegation in respect of “C” Grade timber instead of “A” Grade timber, the Investigating Agency intercepted the 14 Railway wagons and these wagons were opened and inspected in presence of the members of the Committee constituted by this High Court. Out of 5420 scants found in 14 wagons, 122 scants were found substandard by the Committee members. It was found that accused Gurdeep Singh, the then Timber Passing Officer (TPO) Jammu and accused Gh. Mohd. Khan, the then Forester, working under TPO Jammu, dishonestly and fraudulently had passed all the timber so dispatched which included 122 substandard scants, the details whereof a