Judgment

SHELAT,J, J.

( 1 ) BETWEEN July and November, 1962, that being the period relevant to this appeal, the respondent, Lt. Co ). J. S. Khanna, and Res. Major Lala, were staff officers Nos. 1 and 2 respectively attached to the headquarters. Chief Engineer, Tusker Project at Tezpur. As such officers, one of their duties was to ensure supplies of goods, such as motor spare parts, required for military trucks and other vehicles conveying troops, materials, etc. to forward areas in Assam and NEFA.

( 2 ) ACCORDING to the prosecution, these two officers were responsible for manipulations in placing supply orders with a firm called M/s. Manik motor Works, of obtaining supplies even before orders in relation to them were placed, and in some cases, even before issuing quotation enquiries and obtaining in answer to such enquiries quotations as required by the relevant rules in connection with such supplies. The prosecution case. further was that they paid exorbitant prices for these materials, that the quotations obtained by them were opened, contrary to the rules, without then keeping a second officer present, that at the instance of Manik Motorworks Res. Lala introduced the name or M/s.