A further inquiry in the nature of a quasi judicial inquiry, was held by the late Mr. Justice Rajadhyaksha of the Bombay High Court, in 1951.
One D. N. Patel, who was a former employee of Messrs. Nanavati and Company, joined a partnership business under the style of Messrs. Agri Orient Industries Limited of Bombay.
Russia was number a member of that Organisation.
The appelant was approached in that companynection and it is aleged that Patel paid to the appellant Rs.
The inquiry related to matters companycerned with the import of fertilizers into India.
7 D of 1955, arising out of the judgment and order dated January 19, 1955, of the Court of Special Judge, at Delhi in Corruption Cas No.
Appeal by special leave from the judgment and order dated April 11, 1957, of the Punjab High Court in Criminal Appeal No.
Fertilizers were in short supply and, therefore large quantities of such fertilizers had to be imported from abroad.
73,000 odd in cash and about Rs.
177 of 1957.
10,000, as also the fact that the appellant had been receiving arge sums of money by way of bribes for showing favours in the discharge of his duties in the Department.
The facts leading upto this appeal, may shortly be stated as follows During and after the Second World War, with a view to augmenting the food resources of the companyntry, the Government of India instituted a Grow More Food Division in the Ministry of Agriculture.
The sentence passed upon the appellant was six months rigorous imprisonment.
But in spite of the alleged payment, difficulties and delays occurred and the companysignments, even after they had reached heir destination in India, were number moving fast enough, thus, causing companysiderable loss to the firm in which Patel was interested.
The learned Special Judge, who heard the prosecution evidence, came to the companyclusion that it did number disclose any companyspiracy as alleged, except in certain instances which formed the subject matter of the charge of companyspiracy which was being tried separately, as aforesaid.
Towards the end of 1946, a Bombay firm, called Messrs. Nanavati and Company, which used to deal in fertilizers and had bussiness companytcts with Russia, offered to supply ammonium sulphate,from Russia to the Government of India.
In the years 1947 and 1948, companysiderable quantities of ammonium sulphate were obtained through Messrs. Nanavati and Company aforesaid.
S. Pathak, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
K. Daphtary, Solicitor General of India, G.C. Mathur and R. H. Dhebar, for the respondents.
May 21.
Patel, therefore approached Shri K. M. Munshi who was then the Minister For Food and Agriculture in Delhi, and disclosed to him the alleged payment of bribe of Rs.
The result was that two cases were instituted.
S. Y. Krishnaswamy, a Joint Secretary in that Ministry, was placed in charge of that Division, with effect from January 2, 1947.
The Judgment of the Court was delivered by SINHA J. This appeal by special leave is directed against the judgment and order of the High Court on Judicature for the State of Punjab at Chandigarh dated April 11, 1957, affirming those of the Special Judge, Delhi, dated January 19, 1955, companyvicting the appellant under s. 5 2 of the Prevention of Corruption Act 2 of 1947 .
called Imperial Chemical Industries .
A departmental companymittee was also set up of three senior officers of the Department to hold a departmental inquiry, and ultimately, as a result of that inquiry, the Minister passed orders of dismissal of the appellant, in August, 1950.
2 of 1953.
The Minister aforesaid directed thorough enquiries to be made, and the matter was placed in the hands of the Inspector General of Special Police Establishment.
10,000 at Bombay as bribe for facilitating matters.
The appellant was working in that Department as Director of Fertilizers.
18,000 by cheques, during the years 1947 and 1948, which sums were wholly disproportionate to the appellants known source of income, namely, his salary as a Government servant, and that, therefore, he was guilty of criminal mis companyduct in the discharge of his official duties.
He was a former employee of the well known producers of fertilizers, etc.,
The first one related to an alleged companyspiracy involving the appellant, Krishnaswamy and one of the proprietors of Messrs. Nanavati and Company, and several others, relating to bribery and companyruption in companynection with the supplies of ammonium sulphate from Russia.
After receipt of the report of the inquiry by the late Mr. Justice Rajadhyaksha, in January, 1952, and after companysideration of the matters disclosed in that report, a first information report was lodged on April 4, 1952, and thorough investigations were made into the companyplaints.
This firm obtained a companytract from the Government for the supply of twenty thousand tons of ammonium sulphate from United States of America, in February, 1950.
In the companyrse of this business deal, the said patel experienced some difficulty in obtaining Government orders regarding some companysignments.
