Case Law Details
Central Bureau of Investigation Vs U.N.PAI (Gujarat High Court)
Gujarat High Court held that official of accused firm viz. IOCL, HPCL, BPCL and IBP are rightly discharged in the matter of selling HSD at concessional rates to private industries in absence of sufficient grounds for proceedings against them.
Facts- The applicant – Central Bureau of Investigation, u/s. 482 of the Code of Criminal Procedure, 1973 as well as under Articles 226/227 of the Constitution of India, has challenged in these group of Special Criminal Applications the orders dated 06.10.2020 passed by the learned Special CBI Court No.2, Ahmedabad.
The allegation against the officials of four public sector oil companies viz. IOCL, HPCL, BPCL and IBP, are that they sold the High Speed Diesel (HSD) to various private industries of three States viz. Gujarat, Maharashtra and Madhya Pradesh at concessional rates of sales tax as per applicable provisions of the State and Central Sales Tax Acts, without complying with the mandatory requisite permission from the Ministry of Petroleum & Natural Gas.
The allegations are that, the private firms in collusion with the officials of the said oil companies sold the HSD in the open market contrary to the Government policy, the diversion thereof has caused huge revenue loss to the Government and wrongful gain to the concerned.
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