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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. ACHINTYA MALLA BUJOR BARUA, J
SUMAN ROY – Appellant
Versus
THE CENTRAL BUREAU OF INVESTIGATION – Respondent
| Table of Content |
|---|
| 1. factual basis for excess loading of petroleum products. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding singular vs. multiple conspiracies. (Para 7 , 8 , 9 , 11 , 12 , 15) |
| 3. determination of distinct charges based on separate meetings of minds. (Para 10 , 16 , 26 , 27) |
| 4. court's perspective on the continuity and connection of acts. (Para 18 , 19 , 21 , 22 , 23 , 24) |
| 5. final decision on the writ petition. (Para 28 , 29 , 30 , 31 , 32) |
JUDGMENT
Date : 17-01-2019
Heard Mr. M. Choudhury, learned senior counsel for the petitioners, Mr. S.C Keyal, learned ASGI appearing for the respondent Central Bureau of Investigation as well as Mr. M. Phukan, learned counsel appearing for the respondent Bureau of Economic Offences (BIEO), Assam.
2. Both the petitioners herein were employees of the respondent Indian Oil Corporation Limited (IOCL). At the relevant time when the alleged incident leading to this writ petition took place, the petitioner No.1 was entrusted with the duty of Loading Operator, whereas the petitioner No.2 was entrusted with the duty of Weigh Bridge Operator under the respondent IOCL. The duties entrusted to both the petitioners were to ensure that the correct volu
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