A special court has framed charges of cheating and criminal conspiracy against Gondwana Ispat Ltd and its Director in a coal block allocation case for allegedly misrepresenting facts to get a coal block in Maharashtra allocated to it.
The court framed the charges against the firm and its director Ashok Daga after noting that prima facie, the charges were made out against them.
"From the overall facts and circumstances, prima faice, charge for the offences under section 120-B (criminal conspiracy) and 420 (cheating) of IPC and 120-B read with section 420 of IPC is made out against the two accused persons and accordingly charge for the said offence has been framed against them i.E. Gondwana Ispat Ltd and Ashok Daga.
"Both the accused persons have, however, pleaded not guilty to the charges so framed and claimed trial," Special CBI Judge Bharat Parashar said while fixing the matter for further hearing for July 1.
The firm was allocated Majra coal block in 2003 and an FIR was lodged against it in 2014.
The court had summoned both the accused after taking cognizance of CBI charge sheet which alleged that Daga had made "unsubstantiated claim even towards financial preparedness and tie-up regarding iron ore with Odisha government".
It alleged that as the Ministry of Coal then was not following any system of checking falsity of information provided by an applicant company, M/S GIL and Daga in furtherance of a criminal conspiracy misrepresented to various government authorities and induced them to reserve or allocate Majra coal block in their favour.
While ordering framing of charges in the present case,
the court had said "prima facie" offences of criminal conspiracy, cheating and criminal breach of trust by public servants under IPC and various sections of the Prevention of Corruption Act are made out against the accused.
"Keeping in view the overall facts and circumstances of the case coupled with the submissions made, I am of the considered opinion that prima facie charge for the offences under sections 120-B (criminal conspiracy) and for the offences under sections 120-B, 409 (criminal breach of trust by public servants), 420 (cheating) of IPC and under sections 13(1)(c) and 13(1)(d) (criminal misconduct by public servants) of the PC Act is made out against all the accused...," the judge had said.
The court also said prima facie substantive offences under the Prevention of Corruption Act are made out against Kropha and Samria.
"Charge for the offence under section 409 IPC and for the offences under PC Act are made out against accused Gupta.
"Charge for the offence under section 420 IPC is also prima facie made out against accused company M/s Vikash Metal and Power Ltd (VMPL), Patni and Mallick," it said.
The CBI had on January 28 placed before the court a Central government order according sanction to prosecute Kropha and Samria for their alleged involvement in the case. It had also filed a report on its further probe in the case. Regarding Gupta, CBI had said that lapses in processing the application were found on his part too, but since he had retired, no action was being recommended.
CBI had said that VMPL wrongly claimed that it had been allocated 300 acres of land in Begusarai in Bihar by the Bihar Area Development Authority.
The agency had found that the land was de-allocated and directors of the company failed to inform the screening committee members about it, it had said.
