N.H. Bhagwati JUDGMENT
M.C. Mahajan, J.
1. This is a consolidated appeal by special leave from the two orders of the High Court of Judicature at Nagpur passed on the 9th March, 1950, in Criminal Revisions Nos. 152 and 153 of 1949.
2. On a complaint filed by the Assistant Inspector-General of Police, Anti-Corruption Department, Nagpur, the appellant in Criminal Appeal No. 56 of 1951 (H. G. Nargundkar, Excise Commissioner, Madhya Pradesh), and the appellant in Criminal Appeal No. 57 of 1951 (R. S. Patel) were tried in the court of Shri B. K. Chaudhri, Special Magistrate, Nagpur, for the offence of conspiracy to secure the contract of Seoni Distillery from April, 1947, to March 1951 by forging the tender, Exhibit P-3A, and for commission of the offences of forgery of the tender (Exhibit P-3A) and of another document, Exhibit P-24. The learned Special Magistrate convicted both the appellants on all the three charges. He sentenced R. S. Patel to rigorous imprisonment for one year under each charge and to pay fines of Rs. 2,000, Rs. 2,000 and Rs. 1,000, under the first, second and third charges respectively. The appellant Nargundkar was sentenced to rigorous imprisonment for six months under each charge and to pay fines of Rs. 2,000, Rs. 2,000 and Rs. 1,000, under the first, second and third charges respectively. Each of the appellants appealed against their respective convictions and sentences to the Court of the Sessions Judge, Nagpur. The learned Sessions Judge quashed the conviction of both the appellants under the first charge of criminal conspiracy under section 120-B, I.P.C. but maintained the convictions and sentences under section 465, I.P.C., on the charges of forging Exhibits P-3 (A) and P-24. Both the appellants went up in revision against this decision to the High Court but without any success. An application was then made under article 136 of the Constitution of India for special leave to appeal and this was allowed by this Court on 24th March, 1950.
3. The appellant, Nargundkar, is a member of the Central Provinces & Berar Provincial Service and held the substantive post of Deputy Commissioner for several years. In April, 1946, he was appointed Excise Commissioner, Madhya Pradesh, and continued to hold that office till the 5th September, 1947.
4. The appellant, R. S. Patel, is a sugar Technologist and Chemical Engineer. He received his technical education and practical training in America and after working as Chief Chemist and General Manager in factories in Madras for five years, came to the Central Provinces in 1944, when the Provincial Government gave him a licence to set up a distillery for the manufacture of industrial spirit.
5. On the 11th September, 1946, Nargundkar in his capacity as Excise Commissioner invited tenders for working the Government distillery at Seoni and supplying spirit to certain specified districts for a period of four years from 1st April, 1947, to 31st March, 1951. The last date for submitting the tenders was the 31st October, 1946. In response to this tender notice, five tenders were filed including those filed by (1) appellant, R. S. Patel, (2) K. B. Habibur Rahman, (3) Zakirur Rahman, and (4) Edulji P. Doongaji (P. W. 4), in sealed covers with the Excise Commissioner on the 31st October, 1946, and he handed them o........