S. Muralidhar, J. - (1.)THESE three appeals are directed against the judgment dated 5th July 2002 passed by the learned Special Judge in RC 3(A)/96 ACU convicting the three Appellants for the offence under Section 120 -B IPC read with Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988 (=PC Act') and convicting Sri Sukh Ram and Smt. Runu Ghosh, the Appellants in Crl. A. Nos. 536 and 482 of 2002 respectively additionally for the substantive offence under Section 13(1)(d) read with Section 13(2) PC Act; the appeals also challenge the orders sentencing the appellants to periods of two or three years' rigorous imprisonment (=RI') and fine of Rs. 1 lakh and in default to undergo simple imprisonment (=SI') for six months for the offences.
(2.)IN the considered view of this Court these appeals raise substantial questions of law concerning the interpretation of Section 13(1)(d) of the Prevention of Corruption Act 1988 (PC Act 1988) and therefore should be heard by a bench of two Hon'ble judges. The background in which these questions arise is set out hereafter in order to appreciate the context in which the questions arise.
Appellant Sri Sukh Ram was from 18th January 1993 till 16th May 1996 the Union Minister of State for Communications [MoS (C)] having independent charge. During that period, Smt. Runu Ghosh was the Director (FA -V) in the Department of Telecommunications (DOT). Appellant Sri P. Rama Rao, was the Managing Director of Advanced Radio Masts Pvt. Ltd. ('M/s. ARM').

(3.)FOR the supply of 3000 2/15 MARR Shared Radio Systems a tender was floated on 27th December 1991 by the Department of Telecommunications (=DOT'). The total value of the tender was around Rs. 106 crores. 1,000 of these Shared Radio Systems were directed for purchase for the year 1992 -93 and 2,000 for the year 1993 - 94. At the time of floating of the tender, there were two known types of these MARR sets: one was a crystal version, for which a few suppliers had provisional =type approval certificate', and which was already being supplied to the DOT and in use at various Telecom circles. The other was a synthesised version, for which type approval had not yet been granted. The supply of these sets was part of the rural telecom project to increase connectivity of rural populations in the country. Clause 1.1.10 of the tender conditions stated that equipment having local oscillators with synthesized frequency control and capability to withstand wide variation of input DC voltage will be preferable..