Delay in criminal proceedings may constitute an infringement of the right to a speedy trial under Article 21, warranting quashing of charges if allegations do not establish a prima facie case.

JUDGMENT :

A.K. Mohapatra, J.

1. The present CRLMC application has been filed by the Petitioner, who happens to be the president of Orissa Consumer's Cooperative Federation Ltd., with a prayer to quash the FIR bearing Vigilance Case No.30 dated 02.06.2010, under Annexure-1, the Charge-sheet No.05 dated 30.03.2013 under Annexure-2 and the entire criminal proceeding arising out of T.R. No.42 of 2013 which corresponds to Bhubaneswar Vigilance P.S. Case No.30, involving commission of offences under sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1998 (“PC Act”) and sections 420, 468, 471, 120-B of the IPC , pending in the court of the learned 3^rd Additional Sessions Judges, Bhubaneswar.

FACTUAL MATRIX OF THE CASE

2. The factual matrix of the present case, as gathered from the FIR and Final Form, at Annexures-1 and 2 respectively, and bereft of unnecessary details, is that earlier on 02.06.2010 Bhubaneswar Vigilance FIR No.30 was lodged pursuant to a report filed by the Superintendent of Police, Vigilance Cell Unit Office, Bhubaneswar, alleging irregularities in distribution of coal by the 'Orissa Consumer's Cooperative Federation Ltd' (hereinafter 'OCCF') during the effective period of 2008-2009 and 2009-2010. It was alleged that during the aforementioned period OCCF has sold coal earmarked for deserving MSMEs, i.e. small consumers in non-core sectors whose annual consumption is less than 4200MT, as per the Ministry of Coal, Government of India, Resolution No.23011/4/2007 dated 18.10.2007, at a higher rate in the open market, while failing to distribute the profits amongst deserving MSMEs.

3. Upon inquiry, it was further revealed that Shri Akhil Kumar Jena, the MD of OCCF, vide letter dated 10.07.2008, had requested the Director of Industries, Odisha, to appoint the OCCF as the 'State Nominated Agency' (hereinafter 'SNA') for distribution of coal to MSMEs in the state. Consequently, OCCF was appointed as the SNA for receiving 60,000MT coal from M/s Mahanadi Coal Fields Ltd. (hereinafter 'MCL') and a Fuel Supply Agreement ('FSA') was executed with MCL by the BM, OCCF on 05.09.2009. It was alleged that prior to the issuance of the Government order and execution of the FSA, a decision was taken by the President of OCCF on 12.08.2008 to engage a Marketing Agent for receipt and distribution of coal. A notice inviting willingness was issued on 14.08.2008, and three applications were purportedly received, whereafter, one Debendra Kumar Panda of M/s Vinayak Minerals was appointed as Marketing Agent vide order dated 22.08.2008 bearing Order No.979 issued by the MD, OCCF and an agreement was executed with him by the GM, OCCF on 09.09.2008 and 08.05.2009 for the period 2008-2009 and 2009-2010 respectively to manage the daily affairs of the OCCF and receive 3% margin out of the 5% margin due to OCCF.

4. The FIR further reveals that quotations from two out of the three applicants desirous of being appointed as Marketing Agent, were found to be fake. Also, during 2008-09, OCCF reportedly received 40,900 MT of coal from MCL and claimed distribution of the same to 16 MSME units. During 2009-10, OCCF reportedly received 52,664 MT of coal and claimed distribution to 32 MSME units. On this basis, OCCF was entitled to margin profits of Rs.16,26,751/- for 2008-09 and Rs. 39,64,258/- for 2009-10. However, payments of Rs.8,04,009/- for 2008-09 and Rs.17,20,572/- up to February 2010 were made to the Marketing Agent out of the margin profit due to OCCF. Additionally, it was