It also said that almost two years have elapsed but the probe into the case was not complete and “it has not made any headway whatsoever qua the reference/recommendations of CVC.”
“The charge sheet makes it apparently clear that the very basis of the investigation/reasons and purpose for which reference was made to CBI is concerned (role of officials of Ministry of Coal) has been ‘side tracked' and investigation seems to have concentrated on the representations made by the company and its director/chairman in question,” it said.
The ACMM observed that reference made by the CVC cannot be “ignored/sidelined/kept in a cold freezer as it is the very basis/foundation/genesis of the present prosecution.”
The court said that it has failed to understand as to why the CBI “could not lay its hand” over the officials of the administrative ministry/state government, who ignored the alleged misrepresentation regarding net worth, purchase of land by the firm, members of screening committee and the Coal Ministry.
“If indeed the misrepresentations were fraudulently made, I fail to understand how they were ignored at all the three levels by above committees consisting of senior/responsible government officials,” the ACMM said.
The CBI, in its charge sheet against NPPL and its two officials, alleged that they made fraudulent representation to acquire the coal blocks.
It claimed net worth of the firm applying for coal blocks was an important factor to determine its financial strength and NPPL fraudulently claimed in its application form that it was supported by Globeleq Singapore Pvt Ltd, Navbharat Ventures Ltd and Mahalaxmi Group Ltd.
CBI also alleged that the accused firm claimed before the screening committee in its June 23, 2007 presentation as well as on the feedback form that it had the net worth of Navbharat (307 crore approx.) and that of Suez Energy International Pvt Ltd as 1.05 lakh crore approximately thereby “bolstering their own claims though they had no legal basis to claim so.”
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