Delhi High Court · 2025

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13952/2025 AHMED A.R. BUHARI .....Petitioner Through: Mr. Swapnil Srivastava, Mr. Jayesh Srivastava, Mr. Zulfiquar Memon, Mr. Parvez Menon, Advs. versus CENTRAL BUREAU OF INVESTIGATION & ANR. .....Respondents Through: Mr. Ashish Dixit (CGSC) along with Mr. Vasuchit Anand (GP) Mr. Atul Guleria (SPP-CBI) along with Mr. Aryan Rakesh, Adv. for CBI CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 22.09.2025 O R D E R 1. The present petition assails a Look-Out Circular issued by the respondent no.1 (Central Bureau of Investigation) pursuant to CBI FIR No. RC221/2018/E0003 dated 22.01.2018. 2. It is submitted that vide order dated 16.09.2025 in the case of Ahmad A R Buhari v. Central Bureau of Investigation, Crl.M.C. 2639/2021, the said FIR and all other proceedings emanating thereof, has been quashed. The said judgment/ order dated 16.09.2025 reads as under:- “1. By the present petition, the petitioner seeks quashing of FIR No. RC 221/2018/E0003 dated 22.01.2018, registered at Police Station CBI/EO-III, for offences under Section 120B read with Section 420 of the Indian Penal Code, 1860 (IPC) and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (‘PC Act’). 2. The FIR was registered pursuant to a complaint received from the Directorate of Revenue Intelligence (DRI) that substandard coal had been supplied by the petitioner to the National Thermal Power Corporation Ltd. (NTPC). The investigation was also separately initiated by the DRI in regard to sourcing of the coal by the petitioner’s company from Indonesia. 3. Pursuant to the award of tender by the NTPC in favour of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2025 at 12:53:27 petitioner’s company in the year 2013, the petitioner’s company is stated to have imported 182 consignments of coal between the year 2011-12 and 2014-15. 4. Pursuant to the investigation being taken up by the DRI on 14.02.2017 and its information being given to the Central Bureau of Investigation (CBI), the subject FIR was registered on 22.01.2018. It is pointed out that in that regard, multiple FIRs were registered in different periods and one of them was FIR No. RC0292013A0020GNR dated 13.12.2013, registered at CBI, ACB, Gandhinagar in regard to the supply of coal by the company namely M/s. Bhatia International Ltd. 5. It is pointed out that though the investigation was carried out by the CBI in all the FIRs, however, no final conclusion could be reached except in FIR No. RC0292013A0020GNR. It is further pointed out that the CBI in the said case filed a report categorically stating that no evidence could be found and the case may be closed. 6. The learned Special Court has also since accepted the said report. All the investigations including the one against M/s. Bhatia International Ltd. relate to supply of coal to NTPC after its procurement from Indonesia. 7. The Status Reports have been filed in the present case. 8. It is undisputed that the CBI has not been able to find out evidence in regard to any pecuniary advantage by any of the public servants. 9. It is also undisputed that the coal which was supplied by the petitioner’s company has already been consumed by the NTPC. Some samples were sent to Central Institute of Mining and Fuel Research (CIMFR) for the purpose of testing which were collected by the Customs Authorities. 10. It is further not disputed by the CBI that it is difficult to establish from the said samples that the coal supplied was substandard. 11. The investigation has been pending since the year 2018 and as noted above, the CBI has not filed any final report though it is undisputed that no evidence has been found against the petitioner or other accused persons. 12. The case of the petitioner is on the same footing as in FIR No. RC0292013A0020GNR, in which undisputedly, the CBI has sought closure of the said case. Thus, no purpose would be served by directing the CBI to take steps for filing a report before the concerned Court. 13. It is also pointed out that the petitioner has also succeeded in the proceedings initiated at the instance of DRI. The learned Customs, Excise and Service Tax Appellate Tribunal (CESTAT) vide its final judgment dated 15.04.2025, noted that the petitioner had not committed any act which would render the coal liable for confiscation under Section 111(m) of the Customs Act, 1962. The learned CESTAT has, thus, quashed the Show Cause Notice dated 14.02.2017 issued by the DRI. It is pertinent to note that the allegation made in the Show Cause Notice had led to the initiation of investigation by the CBI. 14. Considering that a long period has elapsed and no material has been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2025 at 12:53:27 found against the petitioner so as to implicate him for the alleged offences, this Court considers this to be a fit case to exercise jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in order to prevent the further harassment to the petitioner and to secure the ends of justice. 15. In view of the above, the present petition is allowed and FIR No. RC 221/2018/E0003 and all subsequent proceedings are quashed. Pending application(s) also stand disposed of.” 3. It is acceded by learned counsel for the respondent, who appears on advance notice, that in light of the aforesaid judgment/ order dated 16.09.2025 the very genesis/ basis for issuing the Look-Out Circular against the petitioner does not survive. 4. In the circumstances, the Look- Out Circular issued against the petitioner in connection with CBI FIR No. RC221/2018/E0003 dated 22.01.2018 is set aside. 5. The petition is allowed in the above terms. SACHIN DATTA, J SEPTEMBER 22, 2025/uk