w w w . L a w y e r S e r v i c e s . i n



M/S. Fertico Marketing & Investment Pvt. Ltd. & Others v/s Central Bureau of Investigation & Another


Company & Directors' Information:- N V MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057480

Company & Directors' Information:- G. S. R. MARKETING LIMITED [Active] CIN = U74999TG2007PLC055433

Company & Directors' Information:- P V T INVESTMENT LIMITED [Amalgamated] CIN = U74899DL1988PLC121600

Company & Directors' Information:- P V T INVESTMENT LTD [Not available for efiling] CIN = U67120PB1988PLC008068

Company & Directors' Information:- S T INVESTMENT PRIVATE LIMITED [Amalgamated] CIN = U65993WB1990PTC050032

Company & Directors' Information:- A M MARKETING PRIVATE LIMITED [Active] CIN = U51109WB1982PTC035266

Company & Directors' Information:- H. L. INVESTMENT COMPANY LIMITED [Amalgamated] CIN = U65990WB1975PLC128186

Company & Directors' Information:- N T MARKETING PVT LTD [Active] CIN = U63090WB1987PTC042708

Company & Directors' Information:- M K MARKETING PVT LTD [Active] CIN = U51109WB1994PTC062726

Company & Directors' Information:- B P MARKETING LIMITED [Amalgamated] CIN = U51909DL1989PLC035247

Company & Directors' Information:- M M INVESTMENT PRIVATE LIMITED [Converted to LLP] CIN = U65921CT2008PTC020533

Company & Directors' Information:- K K K MARKETING PRIVATE LIMITED [Active] CIN = U51909WB2003PTC096148

Company & Directors' Information:- G. N. G. INVESTMENT LIMITED [Active] CIN = U65910GJ1981PLC004128

Company & Directors' Information:- M U S MARKETING PRIVATE LIMITED [Active] CIN = U51109CH1999PTC023223

Company & Directors' Information:- A S G S INVESTMENT PRIVATE LIMITED [Active] CIN = U74120DL2008PTC173938

Company & Directors' Information:- G L INVESTMENT PVT LTD [Active] CIN = U65993WB1991PTC051072

Company & Directors' Information:- B S S MARKETING PVT LTD [Strike Off] CIN = U27109WB1988PTC045131

Company & Directors' Information:- R A B MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038060

Company & Directors' Information:- C & C INVESTMENT LTD [Active] CIN = U67120AS1976PLC001654

Company & Directors' Information:- FERTICO MARKETING & INVESTMENT P. LTD. [Active] CIN = U00301UP1988PTC032367

Company & Directors' Information:- S M S INVESTMENT CORPORATION PRIVATE LIMITED [Active] CIN = U74899DL1963PTC003988

Company & Directors' Information:- I. R. MARKETING PRIVATE LIMITED [Amalgamated] CIN = U51396WB1989PTC047169

Company & Directors' Information:- V R V INVESTMENT PRIVATE LIMITED [Active] CIN = U67120WB1985PTC039793

Company & Directors' Information:- S P INVESTMENT PVT LTD [Active] CIN = U70109WB1961PTC025099

Company & Directors' Information:- K P G MARKETING PRIVATE LIMITED [Strike Off] CIN = U28996DL2008PTC177262

Company & Directors' Information:- S P A MARKETING PRIVATE LIMITED [Active] CIN = U51497KA1996PTC020090

Company & Directors' Information:- B H MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051539

Company & Directors' Information:- R H INVESTMENT PRIVATE LIMITED [Active] CIN = U99999MH1978PTC020633

Company & Directors' Information:- T N B INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1986PTC025590

Company & Directors' Information:- D D MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032775

Company & Directors' Information:- D S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909WB2008PTC126302

Company & Directors' Information:- P. B. MARKETING INDIA PRIVATE LIMITED [Active] CIN = U50400AS2010PTC009884

Company & Directors' Information:- P. V. T( MARKETING) PVT. LTD. [Active] CIN = U51909WB1987PTC043159

Company & Directors' Information:- M. C. MARKETING PRIVATE LIMITED [Active] CIN = U51909OR2006PTC009057

Company & Directors' Information:- V L MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109MH2011PTC217172

Company & Directors' Information:- A R S INVESTMENT PVT LTD [Active] CIN = U65993WB1990PTC048513

Company & Directors' Information:- V P INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015714

Company & Directors' Information:- L R MARKETING PRIVATE LIMITED [Active] CIN = U34300PB1996PTC017535

Company & Directors' Information:- P L MARKETING PRIVATE LIMITED [Active] CIN = U51395OR1999PTC005717

Company & Directors' Information:- K S MARKETING PVT LTD [Active] CIN = U25199WB1994PTC061970

Company & Directors' Information:- CENTRAL INDIA MARKETING COMPANY PRIVATE LIMITED [Under Process of Striking Off] CIN = U99999TG1996PTC025782

Company & Directors' Information:- S M D INVESTMENT LIMITED [Strike Off] CIN = U65993TN1995PLC033139

Company & Directors' Information:- G R D INVESTMENT PVT LTD [Amalgamated] CIN = U67120WB1980PTC032727

Company & Directors' Information:- I E MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045010

Company & Directors' Information:- C AND N INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015710

Company & Directors' Information:- I. J. MARKETING PRIVATE LIMITED [Active] CIN = U74900UP2009PTC037071

Company & Directors' Information:- D N MARKETING PVT LTD [Amalgamated] CIN = U74899DL1994PTC060460

Company & Directors' Information:- K G MARKETING PRIVATE LIMITED [Active] CIN = U51900MH1999PTC123253

Company & Directors' Information:- S. G. MARKETING PRIVATE LIMITED [Active] CIN = U51909DL1981PTC012710

Company & Directors' Information:- S S V MARKETING PRIVATE LIMITED [Active] CIN = U51909MH2005PTC154436

Company & Directors' Information:- R INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65993TZ1988PTC002181

Company & Directors' Information:- H N G L INVESTMENT PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066774

Company & Directors' Information:- J V MARKETING PVT LTD [Strike Off] CIN = U51491WB1987PTC041819

Company & Directors' Information:- K M S INVESTMENT PRIVATE LIMITED [Active] CIN = U67120UP1993PTC015287

Company & Directors' Information:- U M INVESTMENT PVT LTD [Active] CIN = U70101WB1979PTC032160

Company & Directors' Information:- N B MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035474

Company & Directors' Information:- A S T INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U67120DL1996PTC082812

Company & Directors' Information:- K R MARKETING PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC046764

Company & Directors' Information:- K O MARKETING COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109132

Company & Directors' Information:- D P MARKETING PRIVATE LIMITED [Strike Off] CIN = U45203WB2005PTC103219

Company & Directors' Information:- B N E INVESTMENT LTD [Not available for efiling] CIN = U67120WB1974PLC029360

Company & Directors' Information:- K S J INVESTMENT COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061335

Company & Directors' Information:- S M & N MARKETING CO. PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC167830

Company & Directors' Information:- L M N MARKETING PRIVATE LIMITED [Active] CIN = U74999DL2010PTC202408

Company & Directors' Information:- V D MARKETING PRIVATE LIMITED [Active] CIN = U51503DL1996PTC083197

Company & Directors' Information:- P M MARKETING PRIVATE LIMITED [Active] CIN = U51909MH2002PTC134725

Company & Directors' Information:- C & I MARKETING PRIVATE LIMITED [Active] CIN = U74996DL2007PTC159713

Company & Directors' Information:- R K P MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC138457

Company & Directors' Information:- P T INVESTMENT PVT LTD [Strike Off] CIN = U65999WB1995PTC067065

Company & Directors' Information:- V G MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062848

Company & Directors' Information:- K. S. R. INVESTMENT LIMITED [Strike Off] CIN = U65992UP1988PLC010253

Company & Directors' Information:- A P M MARKETING (INDIA) PVT LTD [Strike Off] CIN = U52520AP1988PTC008470

Company & Directors' Information:- K M MARKETING PRIVATE LIMITED [Active] CIN = U51900MH2000PTC126454

Company & Directors' Information:- M D MARKETING PRIVATE LIMITED [Active] CIN = U51909DL1998PTC092977

Company & Directors' Information:- R J M MARKETING PRIVATE LIMITED [Active] CIN = U93000DL2009PTC195950

Company & Directors' Information:- G B S MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2004PTC129996

Company & Directors' Information:- H V MARKETING PVT LTD [Active] CIN = U51219WB1995PTC067385

Company & Directors' Information:- P. L. G. MARKETING LIMITED [Active] CIN = U51109DL2007PLC171349

Company & Directors' Information:- G F MARKETING PRIVATE LIMITED [Active] CIN = U74999WB2011PTC158775

Company & Directors' Information:- A N J MARKETING PRIVATE LIMITED [Active] CIN = U74999MH1987PTC043965

Company & Directors' Information:- N R D MARKETING COMPANY LIMITED [Strike Off] CIN = U93000UP2010PLC042101

Company & Directors' Information:- J A MARKETING PRIVATE LIMITED [Active] CIN = U51900CH2010PTC032123

Company & Directors' Information:- M V MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109DL1992PTC051334

Company & Directors' Information:- K. C. A. MARKETING PRIVATE LIMITED [Active] CIN = U51109CT2007PTC001308

Company & Directors' Information:- G P S MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2004PTC126231

Company & Directors' Information:- A D N MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2002PTC115106

Company & Directors' Information:- B R MARKETING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039041

Company & Directors' Information:- G L M (INDIA) MARKETING LIMITED [Under Process of Striking Off] CIN = U51909AS2010PLC009691

Company & Directors' Information:- S V S MARKETING PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC033719

Company & Directors' Information:- S R MARKETING PVT LIMITED [Active] CIN = U51909PB1993PTC013067

Company & Directors' Information:- N S MARKETING PRIVATE LIMITED [Active] CIN = U51909DL1996PTC080739

Company & Directors' Information:- CENTRAL INVESTMENT PVT LTD [Strike Off] CIN = U67120DL1970PTC005439

Company & Directors' Information:- S S MARKETING PVT LTD [Strike Off] CIN = U00284BR1987PTC002572

Company & Directors' Information:- D C MARKETING PVT. LTD. [Amalgamated] CIN = U74899DL1994PTC060461

Company & Directors' Information:- A G M MARKETING PRIVATE LIMITED [Strike Off] CIN = U15531WB1998PTC086474

Company & Directors' Information:- G J MARKETING PRIVATE LIMITED [Active] CIN = U51909WB2010PTC152304

Company & Directors' Information:- S I B MARKETING PRIVATE LIMITED [Strike Off] CIN = U52190DL2009PTC192589

Company & Directors' Information:- MARKETING INDIA PVT LTD [Active] CIN = U51109AS1988PTC002921

Company & Directors' Information:- P B T MARKETING COMPANY PRIVATE LIMITED [Active] CIN = U74910UP1998PTC023766

Company & Directors' Information:- G S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51211DL1998PTC092801

Company & Directors' Information:- R. T. C. MARKETING PRIVATE LIMITED [Strike Off] CIN = U52100WB2010PTC153386

Company & Directors' Information:- J T INVESTMENT PVT LTD [Strike Off] CIN = U65923WB1979PTC032344

Company & Directors' Information:- A K MARKETING PRIVATE LIMITED [Active] CIN = U15122DL2014PTC273933

Company & Directors' Information:- K TO K MARKETING PRIVATE LIMITED [Active] CIN = U51909BR2021PTC051102

Company & Directors' Information:- M R MARKETING PVT LTD [Active] CIN = U52322CT1990PTC005743

Company & Directors' Information:- I S MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051686

Company & Directors' Information:- K L MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC153613

Company & Directors' Information:- S B E INDIA MARKETING PRIVATE LIMITED [Active] CIN = U74120UP2015PTC073669

Company & Directors' Information:- A N S MARKETING PRIVATE LIMITED [Active] CIN = U51109WB2000PTC090926

Company & Directors' Information:- H P P MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900WB2010PTC145672

Company & Directors' Information:- G B M MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC188912

Company & Directors' Information:- B T S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909HR2003PTC035271

Company & Directors' Information:- A S S T MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909HR2003PTC035275

Company & Directors' Information:- N N C MARKETING PRIVATE LIMITED [Active] CIN = U51909MH2020PTC349816

Company & Directors' Information:- R K INVESTMENT LTD [Strike Off] CIN = U65993WB1969PLC027398

Company & Directors' Information:- N R MARKETING PRIVATE LIMITED [Strike Off] CIN = U52190PB1988PTC008435

Company & Directors' Information:- N M G C INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U74899DL1982PTC014603

Company & Directors' Information:- F & B MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U51229TN2000PTC046176

Company & Directors' Information:- F S S MARKETING LIMITED [Strike Off] CIN = U67120OR2011PLC013484

Company & Directors' Information:- T M INVESTMENT CO PVT LTD [Active] CIN = U67120WB1971PTC028172

Company & Directors' Information:- N E P D MARKETING PRIVATE LIMITED [Active] CIN = U51109AS2000PTC006141

Company & Directors' Information:- S. A. F. INVESTMENT LIMITED [Active] CIN = U67120DL1997PLC088611

Company & Directors' Information:- D A MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2004PTC123804

Company & Directors' Information:- U A MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC135447

Company & Directors' Information:- H K (INVESTMENT) COMPANY PRIVATE LIMITED [Active] CIN = U65990GJ1950PTC000511

Company & Directors' Information:- L. B. R. MARKETING LIMITED [Active] CIN = U74120GJ2014PLC080358

Company & Directors' Information:- P N INVESTMENT PRIVATE LIMITED [Under Liquidation] CIN = U65910GJ1988PTC010715

Company & Directors' Information:- G L MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC138765

Company & Directors' Information:- INVESTMENT CORPORATION LIMITED [Under Liquidation] CIN = U65993KL1942PLC000449

Company & Directors' Information:- N B A MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC192572

Company & Directors' Information:- B C G MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035477

Company & Directors' Information:- J T MARKETING PVT LTD [Strike Off] CIN = U01111WB1983PTC036563

Company & Directors' Information:- D S R MARKETING PVT LTD [Strike Off] CIN = U51505WB1990PTC049294

Company & Directors' Information:- S R M INVESTMENT PVT LTD [Strike Off] CIN = U67120WB1979PTC031888

Company & Directors' Information:- A TO Z INVESTMENT PVT LTD [Dissolved] CIN = U67120WB1988PTC044464

Company & Directors' Information:- S M INVESTMENT & MARKETING PVT LTD [Strike Off] CIN = U65191WB1992PTC054812

Company & Directors' Information:- G K M MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC042074

Company & Directors' Information:- I S L MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U67200TZ2008PTC014172

Company & Directors' Information:- J M B M MARKETING PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC065237

Company & Directors' Information:- I L MARKETING PRIVATE LIMITED. [Strike Off] CIN = U51909DL2004PTC126789

Company & Directors' Information:- R J INVESTMENT PRIVATE LIMITED [Active] CIN = U67120MH1976PTC018954

Company & Directors' Information:- R & D E-MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U74990MH2009FTC195442

Company & Directors' Information:- B J MARKETING PRIVATE LIMITED [Strike Off] CIN = U21020MH1999PTC122939

Company & Directors' Information:- S K L S MARKETING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC139429

Company & Directors' Information:- F E MARKETING PRIVATE LIMITED [Active] CIN = U01403UP2011PTC043378

Company & Directors' Information:- A S S MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U74990TZ2012PTC018310

Company & Directors' Information:- Y. C. L. MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC041216

Company & Directors' Information:- R M MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999TN2009PTC070928

Company & Directors' Information:- B N K INVESTMENT CO PVT LTD [Active] CIN = U65993WB1971PTC028169

Company & Directors' Information:- N. D. MARKETING PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC156154

Company & Directors' Information:- A D INVESTMENT CO PVT LTD [Active] CIN = U67120WB1971PTC028170

Company & Directors' Information:- D. K. MARKETING (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170575

Company & Directors' Information:- J B M MARKETING (INDIA) PRIVATE LIMITED [Strike Off] CIN = U52590CT2010PTC021762

Company & Directors' Information:- H. G. MARKETING PRIVATE LIMITED [Strike Off] CIN = U72200CH2001PTC024617

Company & Directors' Information:- V K V K MARKETING COMPANY PRIVATE LIMITED [Active] CIN = U51497DL2004PTC127205

Company & Directors' Information:- R K G MARKETING CO PRIVATE LIMITED [Strike Off] CIN = U51909DL2002PTC116371

Company & Directors' Information:- D S A MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC124153

Company & Directors' Information:- M L S MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2006PTC145086

Company & Directors' Information:- A AND K MARKETING PRIVATE LIMITED [Active] CIN = U32109DL2002PTC117692

Company & Directors' Information:- B M I MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172658

Company & Directors' Information:- H & U MARKETING PRIVATE LIMITED [Active] CIN = U51909JH2021PTC016629

Company & Directors' Information:- G AND G MARKETING PRIVATE LIMITED [Strike Off] CIN = U24295KA1996PTC020717

Company & Directors' Information:- A Z MARKETING PRIVATE LIMITED [Strike Off] CIN = U51397KA1996PTC020141

Company & Directors' Information:- T D INVESTMENT CO PVT LTD [Strike Off] CIN = U65921CH1987PTC007637

Company & Directors' Information:- S A MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL1995PTC070950

Company & Directors' Information:- E A W MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U74999DL1998PTC094164

Company & Directors' Information:- J AND M MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U52100DL1998PTC094343

Company & Directors' Information:- C G K INVESTMENT P LTD [Strike Off] CIN = U65910AP1986PTC006088

Company & Directors' Information:- K P MARKETING PRIVATE LIMITED [Strike Off] CIN = U21000MH1999PTC122938

Company & Directors' Information:- S L S INDIA MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909TZ2007PTC013867

Company & Directors' Information:- A AND A MARKETING P. LTD. [Strike Off] CIN = U52520TG1988PTC008512

Company & Directors' Information:- C. L. MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909JK2007PTC002784

Company & Directors' Information:- A V MARKETING PVT LTD [Strike Off] CIN = U51109DL1981PTC011342

Company & Directors' Information:- C AND H MARKETING INDIA PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC094914

Company & Directors' Information:- Y. A. K. MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909BR2012PTC019502

Company & Directors' Information:- M D A MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109AS2005PTC007944

Company & Directors' Information:- C G S MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045663

Company & Directors' Information:- L D INVESTMENT COMPANY PVT LTD [Strike Off] CIN = U65921HP1988PTC008425

Company & Directors' Information:- S H MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900PB2011PTC034844

Company & Directors' Information:- A K S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51431CH1998PTC021761

Company & Directors' Information:- T L S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2010PTC198282

Company & Directors' Information:- S 2 S MARKETING PRIVATE LIMITED [Strike Off] CIN = U52590DL2010PTC203874

Company & Directors' Information:- H. C. M. MARKETING PRIVATE LIMITED [Active] CIN = U51109MP2010PTC024907

Company & Directors' Information:- S I P MARKETING PRIVATE LIMITED [Active] CIN = U74999WB2010PTC140613

Company & Directors' Information:- K M N MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109WB2001PTC093161

Company & Directors' Information:- S B MARKETING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909DL1997PTC088053

Company & Directors' Information:- P J MARKETING PRIVATE LIMITED [Strike Off] CIN = U51311MH2001PTC132054

Company & Directors' Information:- R R P MARKETING PRIVATE LIMITED [Strike Off] CIN = U51397UP2001PTC026249

Company & Directors' Information:- U & T MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109WB2007PTC120865

Company & Directors' Information:- G. R. C. MARKETING PRIVATE LIMITED [Strike Off] CIN = U52100WB2010PTC143780

Company & Directors' Information:- A R J C MARKETING PRIVATE LIMITED [Active] CIN = U52599WB2005PTC101571

Company & Directors' Information:- A TO Z MARKETING PVT. LTD. [Strike Off] CIN = U51909WB1993PTC058137

Company & Directors' Information:- T M B MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909WB2011PTC156602

Company & Directors' Information:- J T M MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909WB2011PTC162528

Company & Directors' Information:- H AND H MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999CT2010PTC021955

Company & Directors' Information:- G I V MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC128737

Company & Directors' Information:- M P MARKETING PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044263

Company & Directors' Information:- A B MARKETING PRIVATE LIMITED [Strike Off] CIN = U51311CH1991PTC011568

Company & Directors' Information:- L S L MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109TN1999PTC043565

Company & Directors' Information:- U-V MARKETING PRIVATE LIMITED [Strike Off] CIN = U51219TN1999PTC042820

Company & Directors' Information:- K B C MARKETING COMPANY PVT LTD [Strike Off] CIN = U00091BR1990PTC003755

Company & Directors' Information:- S P K MARKETING PVT LTD [Strike Off] CIN = U51909HR1993PTC031944

Company & Directors' Information:- M C B MARKETING PRIVATE LIMITED [Strike Off] CIN = U74992UP2000PTC025667

Company & Directors' Information:- G K INVESTMENT PRIVATE LIMITED [Active] CIN = U65993TZ1987PTC001919

Company & Directors' Information:- G V INVESTMENT PRIVATE LIMITED [Active] CIN = U65993TZ1987PTC001920

Company & Directors' Information:- I M S MARKETING PRIVATE LIMITED [Strike Off] CIN = U24230MH1995PTC089055

Company & Directors' Information:- R & L MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900PB2012PTC035826

Company & Directors' Information:- G S P MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900PB2012PTC036210

Company & Directors' Information:- M H K MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900PB2012PTC036907

Company & Directors' Information:- R J P MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999PB2009PTC032777

Company & Directors' Information:- B C K H INVESTMENT CO PVT LTD [Active] CIN = U67120MH1982PTC026819

Company & Directors' Information:- H V INVESTMENT PRIVATE LIMITED [Active] CIN = U67120MH1997PTC107686

Company & Directors' Information:- J S V A MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900TN2013PTC093659

Company & Directors' Information:- A N P MARKETING PRIVATE LIMITED [Strike Off] CIN = U15205TN2015PTC100896

Company & Directors' Information:- S AND S MARKETING PRIVATE LIMITED [Active] CIN = U74999RJ2016PTC055238

Company & Directors' Information:- B S M P MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109MH2009PTC191253

Company & Directors' Information:- M N MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109MH2010PTC205052

Company & Directors' Information:- G L S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51310MH2001PTC131657

Company & Directors' Information:- M Y S S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51391MH2004PTC150328

Company & Directors' Information:- C R MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC230670

Company & Directors' Information:- A B N S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC133140

Company & Directors' Information:- R D P MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC139526

Company & Directors' Information:- R C M S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC142202

Company & Directors' Information:- G R D MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC142500

Company & Directors' Information:- C S S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC142708

Company & Directors' Information:- F K MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC158489

Company & Directors' Information:- I D S MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999UR2013PTC000851

Company & Directors' Information:- V S R D MARKETING PRIVATE LIMITED [Strike Off] CIN = U74120UP2013PTC059624

Company & Directors' Information:- K V N MARKETING PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC084080

Company & Directors' Information:- D A V E MARKETING PRIVATE LIMITED [Strike Off] CIN = U45201UP2005PTC030381

Company & Directors' Information:- S L C MARKETING PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040075

Company & Directors' Information:- R AND Y MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999UP2003PTC027826

Company & Directors' Information:- J D MARKETING PVT LTD [Active] CIN = U51397WB1984PTC037845

Company & Directors' Information:- G. & C. MARKETING PVT. LTD. [Strike Off] CIN = U22190WB1991PTC052768

Company & Directors' Information:- M L INVESTMENT PVT LTD [Strike Off] CIN = U67120WB1979PTC032180

Company & Directors' Information:- N K MARKETING PRIVATE LIMITED [Active] CIN = U51109JH2002PTC012163

Company & Directors' Information:- A R G MARKETING PVT LTD [Active] CIN = U67190CH2006PTC030302

Company & Directors' Information:- M H V MARKETING PRIVATE LIMITED [Strike Off] CIN = U74300DL1995PTC068367

Company & Directors' Information:- G M MARKETING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033512

Company & Directors' Information:- B S K MARKETING PRIVATE LIMITED [Strike Off] CIN = U74140DL2011PTC224234

Company & Directors' Information:- M D N MARKETING PRIVATE LIMITED [Active] CIN = U51397DL2008PTC183463

Company & Directors' Information:- M C I MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC094846

Company & Directors' Information:- P A MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2001PTC113236

Company & Directors' Information:- A K V MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2002PTC115956

Company & Directors' Information:- M AND N MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2004PTC124640

Company & Directors' Information:- I Q MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129780

Company & Directors' Information:- F S I MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC138015

Company & Directors' Information:- M Z A MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC141721

Company & Directors' Information:- S G P MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142130

Company & Directors' Information:- H P MARKETING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC142661

Company & Directors' Information:- N S L B MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2011PTC212093

Company & Directors' Information:- N H MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL2004PTC125587

Company & Directors' Information:- M D Y MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL2013PTC254138

Company & Directors' Information:- H Y L MARKETING PRIVATE LIMITED [Strike Off] CIN = U74999DL2015PTC280436

Company & Directors' Information:- V C I MARKETING PRIVATE LIMITED [Strike Off] CIN = U72100DL2001PTC111985

Company & Directors' Information:- S & G INVESTMENT COMPANY PRIVATE LIMITED [Active] CIN = U65100DL2012PTC244271

Company & Directors' Information:- G P R MARKETING PRIVATE LIMITED [Active] CIN = U51102DL2004PTC130101

Company & Directors' Information:- D. R. V. MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109DL2009PTC188124

Company & Directors' Information:- T J MARKETING PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108320

Company & Directors' Information:- C TO C MARKETING PRIVATE LIMITED [Active] CIN = U74900DL2009PTC193733

Company & Directors' Information:- G F S MARKETING PRIVATE LIMITED [Active] CIN = U74900DL2016PTC292511

Company & Directors' Information:- A M A MARKETING PRIVATE LIMITED [Strike Off] CIN = U52100DL2009PTC194108

Company & Directors' Information:- C. P. MARKETING PRIVATE LIMITED [Active] CIN = U52300DL2011PTC218792

Company & Directors' Information:- S V R MARKETING PRIVATE LIMITED [Strike Off] CIN = U52392DL2002PTC115043

Company & Directors' Information:- S R J MARKETING PRIVATE LIMITED [Strike Off] CIN = U52590DL2010PTC210284

Company & Directors' Information:- S. B. F. MARKETING PRIVATE LIMITED [Strike Off] CIN = U52590MP2009PTC022516

Company & Directors' Information:- A T P MARKETING PRIVATE LIMITED [Strike Off] CIN = U52590MP2009PTC022568

Company & Directors' Information:- U C MARKETING PRIVATE LIMITED [Strike Off] CIN = U52590MP2010PTC024314

Company & Directors' Information:- J. C. A. MARKETING PRIVATE LIMITED [Active] CIN = U52599MP2010PTC024689

Company & Directors' Information:- E 4 MARKETING PRIVATE LIMITED [Active] CIN = U74140HR2014PTC053361

Company & Directors' Information:- S N G MARKETING PRIVATE LIMITED [Strike Off] CIN = U51900HR2011PTC042607

Company & Directors' Information:- R Z MARKETING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51310KA2011PTC057197

Company & Directors' Information:- I G C T MARKETING PRIVATE LIMITED [Strike Off] CIN = U51434KA2005PTC037544

Company & Directors' Information:- P 3 MARKETING PRIVATE LIMITED [Strike Off] CIN = U52322KA2009PTC051199

Company & Directors' Information:- V C MARKETING PRIVATE LIMITED [Strike Off] CIN = U51100GJ2005PTC046994

Company & Directors' Information:- M & T MARKETING PRIVATE LIMITED [Strike Off] CIN = U74140GJ2012PTC068872

Company & Directors' Information:- A K P MARKETING PRIVATE LIMITED [Strike Off] CIN = U52330KL2009PTC025209

Company & Directors' Information:- S B INVESTMENT PVT LTD [Liquidated] CIN = U99999RJ1959PTC001090

Company & Directors' Information:- R AND P INVESTMENT PVT LTD [Strike Off] CIN = U67120PB1995PTC016124

Company & Directors' Information:- C A S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109UP1995PTC019069

Company & Directors' Information:- A B S MARKETING PVT. LTD. [Strike Off] CIN = U74140WB1991PTC053474

Company & Directors' Information:- P U MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC119296

Company & Directors' Information:- P A MARKETING LIMITED [Strike Off] CIN = U74999GJ1996PLC031187

Company & Directors' Information:- R K MARKETING PVT LTD [Strike Off] CIN = U52190PB1984PTC005752

Company & Directors' Information:- A S MARKETING PRIVATE LIMITED [Strike Off] CIN = U74140WB1998PTC087438

Company & Directors' Information:- M M B INVESTMENT PRIVATE LIMITED [Active] CIN = U65993RJ1996PTC012698

Company & Directors' Information:- M G A INVESTMENT COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC022406

Company & Directors' Information:- A R MARKETING PVT LTD [Strike Off] CIN = U99999MH1980PTC022478

Company & Directors' Information:- N A K MARKETING PRIVATE LIMITED [Strike Off] CIN = U52599TN2002PTC048587

Company & Directors' Information:- N & N MARKETING PRIVATE LIMITED [Strike Off] CIN = U51109TN1998PTC041600

Company & Directors' Information:- J S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51900MH1998PTC117036

Company & Directors' Information:- S S B MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909PN2007PTC131057

Company & Directors' Information:- D S N INVESTMENT PVT LTD [Strike Off] CIN = U65993TG1988PTC008554

Company & Directors' Information:- A P N MARKETING COMPANY PRIVATE LIMITED [Strike Off] CIN = U67190TN2002PTC048796

Company & Directors' Information:- S. S. M. MARKETING PRIVATE LIMITED [Strike Off] CIN = U17121UP2007PTC033080

Company & Directors' Information:- B B K MARKETING PRIVATE LIMITED [Strike Off] CIN = U74140AP2005PTC048261

Company & Directors' Information:- G T S MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909AP2004PTC045002

Company & Directors' Information:- W 2 S MARKETING PRIVATE LIMITED [Active] CIN = U52520AP2006PTC051092

Company & Directors' Information:- W C MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909HR2002PTC034835

Company & Directors' Information:- V. I INVESTMENT PVT LTD [Strike Off] CIN = U67120HR1988PTC030206

Company & Directors' Information:- S S A A M MARKETING PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC044819

Company & Directors' Information:- E C P MARKETING PRIVATE LIMITED [Strike Off] CIN = U52599KL2006PTC019761

Company & Directors' Information:- M M MARKETING PVT LTD. [Strike Off] CIN = U29191TN1988PTC016452

Company & Directors' Information:- J K L MARKETING CO PRIVATE LIMITED [Under Process of Striking Off] CIN = U51101TN1981PTC008730

Company & Directors' Information:- R J P INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65993GJ1981PTC004678

Company & Directors' Information:- D D P INVESTMENT PRIVATE LIMITED [Strike Off] CIN = U65910GJ1981PTC004695

Company & Directors' Information:- C J P INVESTMENT PVT LTD [Strike Off] CIN = U99999GJ1981PTC004662

Company & Directors' Information:- M P INVESTMENT CO PRIVATE LIMITED [Under Process of Striking Off] CIN = U65993KA1974PTC002646

Company & Directors' Information:- INVESTMENT COMPANY PRIVATE LIMITED [Dissolved] CIN = U65990KL1946PTC000461

Company & Directors' Information:- INVESTMENT CORPORATION LIMITED [Not available for efiling] CIN = U99999MH1943PLC007730

    Criminal Appeal Nos. 760-764, 765-767, 768-769, 770-774, 775-777, 778-785 of 2020 [Arising out of SLP(Crl.) Nos. 8342-46, 8314-16, 8420-21 of 2019, 1792-96, 1789-91, 1821-28 of 2020]

    Decided On, 17 November 2020

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE A.M. KHANWILKAR & THE HONOURABLE MR. JUSTICE B.R. GAVAI

    For the Appellants: Niraj Sharma, Ajit Kumar Sinha, Ambhoj Kumar Sinha, Shubhi Sharma, Ashwarya Sinha, Advocates. For the Respondents: Arvind Kumar Sharma, Ashwani Kumar Dubey, Manish Kumar, Advocates.



Judgment Text

B.R. Gavai, J.Leave granted.2. All these appeals challenge the common judgment and order passed by the learned Single Judge of the Allahabad High Court dated 14th August 2019. The facts in brief giving rise to the present appeals are as under:-On 18th October 2007, Coal India Limited had introduced a new policy, whereunder the Fuel Supply Agreement (hereinafter referred to as 'FSA') was required to be entered into by coal companies and purchasers of coal. In pursuance of the said policy, on 30th April 2008, an FSA was entered into between the appellants in appeals arising out of SLP(Crl.) Nos. 8342-46 of 2019 and the Coal India Limited. On 25th March 2011, a joint surprise raid was conducted by the CBI in factory premises of Fertico Marketing and Investment Private Limited and it was found that the coal purchased under the FSA was sold in the black market. It was further found by CBI that this was done in connivance with the unknown government officials which led to loss of Rs.36.28 crore to the Central Government. Accordingly, on 13th April 2011, an FIR came to be registered by CBI for the offences punishable under Sections 120B and 420 of the IPC and Section 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act') against Mr. Anil Kumar Agarwal, Director of said M/s Fertico Marketing and Investment Pvt. Ltd. and unknown officials of the District Industries Centre (hereinafter referred to as 'DIC'),District Chandauli, so also unknown officials of Northern Coalfields Limited, Singrauli, Madhya Pradesh.3. During the course of investigation, it was found that two officers namely Ram Ji Singh, the then General Manager, DIC, Chandauli and Yogendra Nath Pandey, Assistant Manager, DIC, Chandauli were also part of the conspiracy. Investigation revealed that these two officials had abused their official positions and fraudulently and dishonestly sent false status reports regarding working conditions of the accused companies and thereby, dishonestly induced the Northern Coalfields Limited to supply coal on subsidized rates, for obtaining pecuniary advantage.4. The competent authority granted sanction to prosecute the two public servants on 31st May 2012, under Section 19 of the PC Act. Charge-sheet was filed on 31st May 2012, against the appellants under Section 120B read with Section 420, Sections 467, 468 and 471 of the IPC. Various petitioners approached the High Court by filing petitions under Section 482 Cr.P.C. praying for quashing the charge-sheet/summoning order and consequential proceedings pending before the Special Judge, Anti-Corruption, CBI. The learned Single Judge of the High Court vide his order dated 24th February 2015, framed the following four questions for determination:-Q.No. 1:- Whether the investigation conducted by the CBI in these bunch of cases are illegal and without jurisdiction for non-compliance of section 6 of DSPE Act? If so, its effect?Q.No. 2- Whether the cases are overwhelmingly and predominantingly of civil nature as purely bases on breach of contract (FSA) and the criminal prosecutions are liable to be quashed?Q.No. 3- Whether CBI did not follow doctrine of parity in filing the criminal prosecutions against the petitioners? If so, its effect?Q.No. 4- Whether in absence of Officers /official of NCL, charge of Criminal conspiracy under section 120-B IPC could be made out?Having framed the aforesaid questions, the learned Single Judge has found in the judgment, that another Single Judge of the said High Court has taken a view, that when the State Government had granted sanction to prosecute an accused, it is implied that the permission for investigation was also granted. The learned Single Judge disagreed with the earlier view taken by another learned Single Judge and was of the view, that since in the present case, investigation conducted by the CBI was without the previous permission/consent of the Government of UP as such, was in breach of the mandatory provisions of Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as "DSPE Act"). He was therefore of the view, that the investigation suffered with incurable defect of lacking inherent jurisdiction. However, the learned Single Judge found, that since he had disagreed with the earlier view of learned Single Judge and since there was no binding precedent on the issue, it was appropriate to refer question Nos.1 and 2 for decision by the Division Bench. The learned Single Judge vide his detailed order dated 24th February 2015, referred the following two questions to the Division Bench:-1. Whether investigation of such cases having involvement of Public servant under control of State Government of U.P. as well as private individuals for offences punishable under the Prevention of Corruption Act, 1988 (49 of 1988), and attempts, abetments and conspiracies in relation to all or any of the offence or offences mentioned above and any other offence or offences committed in the course of the transaction and arising out of the same facts under the G.O. of State Government Dated 15.6.1989 can be investigated by CBI assuming suo moto jurisdiction under section 6 of DSPE Act without the previous permission or consent of State Government?2. Whether total non compliance/absence of previous consent of State Government under section 6 of DSPE Act could be cured by grant of prosecution sanction under section 197 Cr.P.C. of under section 19 of PC. Act by State Government or competent authority ?5. The Division Bench vide its judgment and order dated 6th July 2015, answered the reference in the following terms:-"Our answer therefore to question no. 1 is that since the question as framed proceeds on an erroneous premise of facts available in the case, the same is answered by holding that the Government Order dated 15.6.1989 permits investigation and it was not a case of assuming suo motu jurisdiction by the CBI to investigate on the facts of the present case.The second question framed by the learned Single Judge is returned unanswered in view of the fact that the affidavit of the State Government had not been invited by the learned Single Judge before proceeding to raise a doubt and frame the second question to be answered in this reference as observed above.With the aforesaid answers to the two questions framed, let the papers be placed before the concerned court for proceeding in the matter in accordance with law."After the reference was answered, the matter again came up before the learned Single Judge, who by order dated 17th August 2015, directed the State Government to file an affidavit. In compliance with the directions issued by the High Court, the State Government filed affidavits dated 31st October 2015 and 20th December 2015. The learned Single Judge passed an order on 5th April 2018, to the following effect:-"Sri P.K. Singh, learned AGA prays for and is granted ten days time to file an affidavit of the responsible secretary of the Home Department regarding interpretation and scope of notification dated 15.06.1983 with regard to Section 6 of the Delhi Police Special Provisions Act.Put up this case on 18.04.2018."6. In compliance with the order dated 5th April 2018, the State Government filed various affidavits through the Secretary, Home and Principal Secretary, Home. The stand taken by the State Government in the said affidavits was that the Notification dated 15th June 1989, accorded consent to the powers and jurisdiction of the Members of Delhi Special Police Establishment (hereinafter referred to as 'the DSPE') in whole of the State of Uttar Pradesh for investigation of offences under the Prevention of Corruption Act, with the rider that no such investigation shall be taken up in cases relating to the public servants, under the control of the State Government except with the prior permission of the State Government. It was the stand of the State Government, that restriction of prior permission of the State Government was limited only in relation to public servants under the control of the State Government and not to any private individual. It was further the stand of the Government, that the notification permits the competent authority under DSPE Act for investigation of offences as mentioned in the notification in the State of Uttar Pradesh. However, if any public servant, under the control of the State Government was named in the First Information Report, prior permission of the State Government would be required for investigation. Further stand of the State Government was that, public servant under the control of the State Government, if not named in the First Information Report, but if, in the further investigation, is found to be involved in the said crime, the prior permission of the State Government would not be required for investigation. The State Government further stated in the affidavit, that insofar as two public servants are concerned i.e. Sri Ram Ji Singh, the then General Manager, DIC, Chandauli and Sri Yogendra Nath Pandey, Assistant Manager, DIC, Chandauli, the sanction under Section 6 of the DSPE Act was granted vide notification dated 7th September 2018, in respect of the FIR registered by CBI on 13th April 2011, under Sections 120B and 420 I PC and Section 13 (2) read with Section 13(1)(d) of the PC Act.7. The learned Single Judge vide the impugned order found, that the State Government had granted Post-Facto consent vide notification dated 7th September 2018, against the two public servants of the State Government whose names had figured during the course of investigation. The learned Single Judge found, that the Post-Facto consent was sufficient for investigation by the CBI for the offences against the two public servants, whose names though did not find place in the FIR but were found in charge-sheet. The learned Single Judge held, that if the names of the said public servants did not figure in the FIR and their names came to light during the course of investigation and charge-sheet was filed against the said public servants of the State Government, theconsent given after completion of investigation would be a valid consent under Section 6 of the DSPE Act. The learned Single Judge further found, that the question of consent can be raised only by the public servants who have been named in the FIR and not by the private individuals, who had come before the Court. The learned Single Judge therefore, dismissed all the petitions. Being aggrieved thereby, the present appeals.8. Shri Mukul Rohatgi, learned Senior Counsel appearing on behalf of the appellants submitted, that in the absence of the consent of the State Government under Section 6 of the DSPE Act, the DSPE (CBI) had no powers to conduct investigation in view of the provisions contained in Section 6 of the DSPE Act. He submitted, that the consent of the State Government is mandatory as is seen from Section 6 of the DSPE Act. The learned Senior Counsel would submit, that failure in obtaining the consent prior to registration of the FIR would go to the root of the matter and vitiate the entire investigation. He submitted, that the appellants-private individuals have been charged with the offences punishable under Sections 120B and 420 of IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. He submitted, that an offence under the provisions of the Prevention of Corruption Act can be registered only against public servant. He submitted, that since the prosecution had invoked Section 120B of the IPC, the mandatory requirement is that there has to be a meeting of minds. He submitted, that an offence under Section 120B of the IPC read with Section 13(1)(d) of the Prevention of Corruption Act cannot stand unless there is a meeting of minds between public servant and the private individuals and as such, an FIR could not be registered. He submitted, that investigation in a matter which concerns the conspiracy between the private individual and the public servant, the same would not be permitted unless there is a valid consent under Section 6 of the DSPE Act. The learned Senior Counsel strongly relied on the judgment of this Court in the case of Ms. Mayawati vs. Union of India and Others, (2012) 8 SCC 106.9. Mr. Ajit Kumar Sinha, learned Senior Counsel appearing on behalf of the accused who are the public servants in appeals arising out of SLP(Crl.) Nos. 8420-21 of 2019 submitted, that insofar as the appellants-public servants are concerned, in the absence of a valid consent, the CBI could not have exercised powers and jurisdiction to investigate the matter. It is submitted, that the Post-Facto sanction granted on 7th September 2018, would not cure the defect of obtaining the prior consent. Both the learned Senior Counsel therefore submitted, that the proceedings are liable to be quashed and set aside.10. Shri S.V. Raju, learned Additional Solicitor General would submit, that the prior consent under Section 6 of the DSPE Act is not mandatory but directory. He submitted, that in any case unless the appellants point out that on account of the procedural irregularity of not obtaining the prior consent, prejudice is caused to the appellants or it has resulted in miscarriage of justice, the investigation would not be vitiated. He submitted, that insofar as the appellants-private individuals are concerned, the grievance of the said appellants is totally unwarranted inasmuch as the Notification dated 15th June, 1989 vide which a general consent has been granted to investigate the matters arising out of PC Act, unless it concerns a public servant under the control of the State Government. Insofar as the public servants are concerned, the learned ASG submitted, that in any case, the consent has been granted after completion of the investigation on 7th September 2018 and as such the defect, if any, stands cured. He submitted, that in any case, there are no pleadings by the appellants-public servants with regard to prejudice caused to them or with regard to miscarriage of justice. He therefore submitted, that no interference is warranted with the judgment of the High Court.11. It will be relevant to refer to Sections 5 and 6 of the DSPE Act as under:-5. Extension of powers and jurisdiction of special police establishment to other areas.- (1) The Central Government may by order extend to any area (including Railway areas) in a State, not being a Union territory, the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under section 3.(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of the police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force.(3) Where any such order under sub-section (1) is made relation to any area, then, without prejudice prejudice to the provisions of sub-section (2), any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.6. Consent of State Government to exercise of powers and jurisdiction.- Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area], without the consent of the Government of that State.It could thus be seen, that though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE beyond the Union Territories to a State, the same is not permissible unless, a State grants its consent for such an extension within the area of State concerned under Section 6 of the DSPE Act. Obviously, the provisions are in tune with the federal character of the Constitution, which has been held to be one of the basic structures of the Constitution.12. It would be relevant to refer to the notification issued by the Government of Uttar Pradesh dated 15th June 1989, which reads as under:-"Government of Uttar PradeshHome(Police) Section-1NO.3442A/III-1-84/88Lucknow, dated: June 15, 1989NotificationIn pursuance of the Provisions of Section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946) the Governor of the State of Uttar Pradesh is pleased to accord consent to the extension of powers and jurisdiction of the members of the Delhi Special Police establishment in whole of the State of Uttar Pradesh, for investigation of offences punishable under the Prevention of Corruption Act, 1988 (49 of 1988), and attempts, abetments and conspiracies in relation to all or any of the offence or offences mentioned above and any other offence or offences committed in the course of the transaction and arising out of the same facts, subject however to the condition that no such investigation shall be taken up in cases relating to the public servants, under the control of the State Government except with the prior permission of the State Government.BY ORDER IN THE NAME OF THE GOVERNOR.Sd/-(S.K. TRIPATHI)HOME SECRETARY TO THE GOVTOF UTTAR PRADESH"13. It could thus be seen, that the State of Uttar Pradesh has accorded a general consent for extension of powers and jurisdiction of the Members of DSPE, in the whole of State of Uttar Pradesh for investigation of offences under the Prevention of Corruption Act, 1988 and attempts, abetments and conspiracies in relation to all or any of the offence or offences committed in the course of the transaction and arising out of the same facts. The same is however with a rider, that no such investigation shall be taken up in cases relating to the public servants, under the control of the State Government, except with prior permission of the State Government. As such, insofar as the private individuals are concerned, there is no embargo with regard to registration of FIR against them inasmuch as, no specific consent would be required under Section 6 of the DSPE Act. Vide notification dated 15th June 1989, the State of Uttar Pradesh has accorded a general consent thereby, enabling the Members of DSPE to exercise powers and jurisdiction in the entire State of Uttar Pradesh with regard to investigation of offences under the Prevention of Corruption Act, 1988 and also to all or any of the offence or offences committed in the course of the same transaction or arising out of the same facts. As such, for registration of FIR against the private individuals for the offences punishable under the Prevention of Corruption Act and other offences under the I PC, committed in the course of the same transaction or arising out of the same facts, the Members of DSPE have all the powers and jurisdiction. As such, we find absolutely no merits in the appeals filed by the private individuals.14. Insofar as the two public servants who have been undoubtedly working under the State Government are concerned, initially, they were not named in the FIR. However, their names surfaced during the course of investigation and thus sanction was granted for their prosecution under Section 19 of the Prevention of Corruption Act vide order dated 31st May 2012, prior to filing of the charge-sheet. It is also not in dispute that Post-Facto consent was given by the State Government vide notification dated 7th September 2018, under Section 6 of the DSPE Act to the authorities to investigate the public servants.15. As early as in 1955, the question arose for consideration before this Court, as to whether an investigation carried out by a police officer below the rank of Deputy Superintendent of Police, under Section 5(4) of the Prevention of Corruption Act, 1947, without the order of the Magistrate of First Class, was mandatory or directory? While holding that the provision is mandatory, this Court considered a question as to whether and to what extent, the trial which follows such investigation, is vitiated. The Court, in H.N. Rishbud and Inder Singh vs. The State of Delhi, [1955] 1 SCR 1150 observed as under:-"If, therefore, cognizance is in fact taken, on a police report vitiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice. That an illegality committed in the course of investigation does not affect the competence and the jurisdiction of the Court for trial is well settled as appears from the cases in Prabhu vs. Emperor AIR 1944 PC 73 and Lumbhardar Zutshi vs. The King AIR 1950 PC 26. These no doubt relate to the illegality of arrest in the course of investigation while we are concerned in the present cases with the illegality with reference to the machinery for the collection of the evidence. This distinction may have a bearing on the question of prejudice or miscarriage of justice, but both the cases clearly show that invalidity of the investigation has no relation to the competence of the Court. We are, therefore, clearly, also, of the opinion that where the cognizance of the case has in fact been taken and the case has proceeded to termination., the invalidity of the precedent investigation does not vitiate the result, unless miscarriage of justice has been caused thereby."It could thus be seen, that this Court has held, that the cognizance and the trial cannot be set aside unless the illegality in the investigation can be shown to have brought about miscarriage of justice. It has been held, that the illegality may have a bearing on the question of prejudice or miscarriage of justice but the invalidity of the investigation has no relation to the competence of the court.16. It will also be apposite to note the following observations of this Court in State of Karnataka vs. Kuppuswamy Gownder and Others, (1987) 2 SCC 74 while considering the provisions of Section 465 of the Cr.P.C.:-14. The High Court, however, observed that provisions of Section 465 CrPC cannot be made use of to regularise this trial. No reasons have been stated for this conclusion. Section 465 CrPC reads as under:"Finding or sentence when reversible by reason of error, omission or irregularity.-(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings."It is provided that a finding or sentence passed by a court of competent jurisdiction could not be set aside merely on the ground of irregularity if no prejudice is caused to the accused. It is not disputed that this question was neither raised by the accused at the trial nor any prejudice was pleaded either at the trial or at the appellate stage and therefore in absence of any prejudice such a technical objection will not affect the order or sentence passed by competent court. Apart from Section 465, Section 462 provides for remedy in cases of trial in wrong places. Section 462 reads as under:"462. Proceedings in wrong place.-No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong Sessions Division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice."This provision even saves a decision if the trial has taken place in a wrong Sessions Division or sub-division or a district or other local area and such an error could only be of some consequence if it results in failure of justice, otherwise no finding or sentence could be set aside only on the basis of such an error.17. This Court, in the case of Union of India vs. Prakash P. Hinduja and Another, (2003) 6 SCC 195 while relying on the judgment of this Court in H.N. Rishbud, [1955] 1 SCR 1150 (supra), has observed thus:-"21........The Court after referring to Prabhu vs. Emperor AIR 1944 SC 73 and Lumbhardar Zutshi vs. The King AIR 1950 PC 26 held that if cognizance is in fact taken on a police report initiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial, which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice and that an illegality committed in the course of investigation does not affect the competence and the jurisdiction of the Court for trial. This being the legal position, even assuming for the sake of argument that the CBI committed an error or irregularity in submitting the charge sheet without the approval of CVC, the cognizance taken by the learned Special Judge on the basis of such a charge sheet could not be set aside nor could further proceedings in pursuance thereof be quashed. The High Court has clearly erred in setting aside the order of the learned Special Judge taking cognizance of the offence and in quashing further proceedings of the case."It could thus be seen, that this Court held that even for the sake of argument that CBI had committed an error or irregularity in submitting the charge-sheet without the approval of CVC, the cognizance taken by the learned Special Judge on the basis of such a charge-sheet, would not be set aside nor could further proceedings in pursuance thereof be quashed.18. Recently, a bench of this Court consisting one of us (Khanwilkar J.) had an occasion to consider the aforesaid provisions of DSPE Act, in Kanwal Tanuj vs. State of Bihar and Others, 2020 SCC OnLine SC 395. In the said case, the question arose, as to whether when an offence was committed in the Union Territory and one of the accused was residing/employed in some other State outside the said Union Territory, the Members of DSPE had power to investigate the same, unless there was a specific consent given by the concerned State under Section 6 of the DSPE Act. The contention on behalf of the appellant before the High

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Court was that since the appellant was employed in connection with the affairs of the Government of Bihar, an investigation was not permissible, unless there was a specific consent of State of Bihar under Section 6 of the DSPE Act. This Court rejected the said contention holding that if the offence is committed in Delhi, merely because the investigation of the said offence incidentally transcends to the Territory of State of Bihar, it cannot be held that the investigation against an officer employed in the territory of Bihar cannot be permitted, unless there was specific consent under Section 6 of the DSPE Act. While considering the argument on behalf of the State, that such a consent was necessary for CBI to proceed with the investigation, this Court held that the respondent-State having granted general consent in terms of Section 6 of the DSPE Act vide notification dated 19.02.1996, it was not open to the State to argue to the contrary.19. In the present case, there are no pleadings by the public servants with regard to the prejudice caused to them on account of non-obtaining of prior consent under Section 6 of the DSPE Act qua them specifically in addition to the general consent in force, nor with regard to miscarriage of justice.20. Insofar as the reliance on the judgment of this Court in Mayawati, (2012) 8 SCC 106 (supra), the only question that fell for consideration before this Court was, as to whether any of the orders passed by this Court amounted to issuance of any direction to CBI to conduct a roving inquiry against the conduct of the petitioner commencing from 1995 to 2003 or as to whether the directions were restricted to irregularities in the Taj Corridor matter. The court in the facts found, that there was no such finding or satisfaction recorded by this Court in the matter of the disproportionate assets of the petitioner on the basis of the status report dated 11th September 2003 and as a matter of fact, the petitioner was not even a party before this Court.21. In the result, we find no reason to interfere with the finding of the High Court with regard to not obtaining prior consent of the State Government under Section 6 of the DSPE Act.22. However, it could be noticed that the learned Single Judge while referring two questions to the Division Bench, had observed that the question Nos. 2, 3 and 4 can be decided only after the question No. 1 was answered. After the matter was returned to the learned Single Judge by the Division Bench, the learned Single Judge was bound to answer question Nos. 2, 3 and 4. The learned Single Judge, in the impugned order, has not at all dealt with question Nos. 2, 3 and 4.23. We, therefore, remit the matter to the learned Single Judge for deciding the question Nos. 2, 3 and 4 on its own merits. We clarify, that we have not considered the merits of the matter and all questions available to both the parties are kept open.24. The criminal appeals are disposed of in the aforesaid terms. Accordingly, all pending applications, if any, shall stand disposed of.
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