The High Court of Bombay reviewed the Criminal Revision Applications filed by Dr. Gufran Beig and Vipin Mali, who are accused of corruption and procurement irregularities in a project at the Indian Institute of Tropical Meteorology (IITM), Pune. Both applicants sought discharge from the charges against them, which include criminal conspiracy, forgery, and corruption. The case involves allegations of the procurement of substandard digital display systems from a favored supplier, M/s. Video Wall India Pvt. Ltd., at inflated prices. The court assessed whether there was sufficient evidence to warrant a trial.

Main Facts:

1. Case Overview:

   • Criminal Revision Applications Nos. 236 of 2023 and 205 of 2023 were filed by Dr. Gufran Beig and Vipin Mali, respectively.
   • Both were charged with conspiracy and corruption related to the procurement of digital display systems for the SAFAR project at IITM, Pune.

2. Allegations:

   • The Central Bureau of Investigation (CBI) alleges that the accused facilitated the procurement of substandard digital display systems from M/s. Video Wall India Pvt. Ltd., which caused a loss of Rs. 2.50 crores to IITM.
   • The accused are also charged with manipulating the tender process, diluting preconditions, and issuing a false test report.

3. Defense Arguments:

   • The accused argue that all procurement procedures were followed and approved by relevant committees and the IITM Director.
   • They deny any wrongdoing or personal gain and point out that no other committee members or the Director have been charged.
   • They highlight a lack of complaints regarding the digital display systems' functioning during their operational period.

4. Judicial Findings:

   • The court noted that the evidence did not support allegations of personal financial gain by the accused.
   • The decision-making involved committees, and all actions were approved by higher authorities.
   • The court questioned the basis for the CBI's claims regarding substandard materials and procedural violations.

5. Disciplinary Proceedings:

   • A departmental inquiry had already exonerated Vipin Mali, one of the accused, of similar charges on the balance of probabilities, raising questions about the viability of a criminal prosecution under stricter standards.

Acts and Sections Discussed:

• Indian Penal Code (IPC): Sections 120-B (Criminal Conspiracy), 420 (Cheating), 465 (Forgery), 468 (Forgery for Purpose of Cheating), and 471 (Using as Genuine a Forged Document).
• Prevention of Corruption Act, 1988: Section 13(2) read with Section 13(1)(d) (Criminal Misconduct by a Public Servant).

Ratio Decidendi:

The court considered whether the evidence provided sufficient grounds to continue the prosecution. Given the exoneration in departmental proceedings and lack of material evidence showing personal gain or intentional misconduct by the accused, the applications for discharge were seriously considered.

Subject: Criminal Law, Public Procurement, Anti-Corruption, Procurement Irregularities, CBI Investigation, Discharge Application, Indian Institute of Tropical Meteorology, Prevention of Corruption Act, Public Servant Misconduct