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In this petition filed under Section 482 of Cr.P.C, the petitioner/A1 supplicates to quash the proceedings against him in C.C.No.13/2003 on the file of Spl. Judge for C.B.I cases, Visakhapatnam registered for the offences under Sections 120-B, 420 of IPC and Section 13(2) r/w.Sec.13(1)(d) of The Prevention of Corruption Act, 1988 ( for short 'PC Act').

2. The prosecution case, succinctly is that, the petitioner/A1 worked as Director (Commercial) in Steel Authority of India Limited (for short, 'SAIL') during October, 1994 and March, 1995. The Steel plants of SAIL produced the sophisticated irons and steel products i.e., plates etc., and exports part of those high quality products to abroad. Most of the steel products including plates are exported through Visakhapatnam Port Trust. After completion of shipment of the plates, the left over material (export surplus/export rejected), will be reclassified confirming to Bureau of Indian Standards before disposal in home sales and the material will be sold through Branch Sales office and Branch Transport and Shipping office after completion of Excise formalities for effecting home sales through its branches. The Central Marketing Organization will fix the ex-stock yard prices from time to time at various locations after due approval of competent authority. During July, 1994, the Branch Sales Office, Visakhapatnam with the approval of highest authorities, floated a tender through bidding backed by refundable EMD for the sale of 5200 metric tonnes plates lying in different lots arrived between January, 1993 and April, 1994 and obtained prices raising between Rs.15,789/- to Rs.17,679/- for different lots by 22 bidders including accused No.4. However, the then Director (Commercial) felt that the rates offered by H1 tenderer were lower by Rs.750/- to Rs.3000/- per metric tonne from the stock yard prices and shelved the proposal and return the refundable security to the tenderer.

b) The further case of prosecution is that during 1994, A-1, A-2 - the then Regional Manager, Transport and Shipping Department, SAIL Visakhapatnam; A-3 - the then Regional Manager, Central Marketing Organization, SAIL, New Delhi; A-4 - General Manager (Marketing) in the Director (Commercial Secretariat), New Delhi and A-5 - Chief (Marketing) Transport and Shipping, Head Quarters, Central Marketing Organization, SAIL, Kolkatta entered into a criminal conspiracy in order to obtain wrongful gain to them and to cause corresponding wrongful loss to SAIL in the disposal of export surplus / rejected plates without reclassification and without free sale notice system. Pursuant to said criminal conspiracy and in violation of existing guidelines dated 08.10.1993 and 20.06.1994, they have given wrong orders vide letter dated 23.11.1994 for sale of about 6000 metric tonnes of unclassified export surplus / rejected plates at Rs.12,000/- per MT to A-4 firm on as is where is basis, which includes defective bent and rusted plates as per A-2 and dispatched the plates as old plates and in that process caused wrongful loss to the SAIL organization to a tune of Rs.98,65,688/-. Hence the charge sheet.