The High Court of Telangana passed a judgment on 28th April 2023, stating that to hold a person as a co-conspirator such person should have co-operated for accomplishment of the object by effective means.It was stated in the case of Smt.Sujatha Kancharla v. the State of Telangana (CRL.P. No. 102 of 2020) which was passed by the single judge bench comprising of HONOURABLE JUSTICE K.SURENDER
FACTS OF THE CASE:
A1, who is the proprietor of M/s.Omni Medi, according to the preliminary investigation, was the kingpin of three business concerns mentioned above. A3 purchased the Lab Kits and Reagents from M/s. Legend Enterprises of which A4 was the proprietor. M/s.Legend Enterprises transacted crores of business with Director, IMS, supplied products of M/s.Hemocue at exorbitant rates than the prevailing market rates. Enquiry further revealed that A1, proprietor of M/s.Omni Medi, A4, proprietor of M/s.Legend Enterprises colluded with the public servants for supplying M/s.Hemocue products. M/s.Omni Health Care of which, A7 is the proprietor was purchasing the products from M/s.Hemocue. However, the said products which were supplied to M/s.Omni Health Care of A7 by M/S Hemocue, the same products were supplied by M/s.Legend Enterprises of A4, to Director IMS. In fact, M/s. Legend Enterprises is a fake/shell company of A1. 6 Further, it was found that the purchase of material was contrary to the guidelines of the department and exorbitant rates were paid. A3, who is the Director, IMS colluded with A1, A2 and A4 and several irregularities which are illegal were found to have been committed. Though, there was no requirement of Lab kits, purchases were made at exorbitant rates without following the procedure of open tenders. There was heavy transfer of money from A4’s firm to A1’s firm. Briefly on the said findings during preliminary enquiries on the basis of alert note by government and the consequent committee findings the FIR was registered.
JUDGEMENT OF THE CASE
According to ACB, the petitioner is liable under section 420 r/w 120-B of IPC. To hold a person as a co-conspirator such person should have co-operated for accomplishment of the object by effective means. The essence of a criminal conspiracy is the unlawful combination and encouragement and supports which co-conspirators give to one another and if left to individual effort, which would be impossible. There is nothing to infer cooperation by this 30 petitioner in any manner in order to either gain wrongfully or cause any wrongful loss to the Director, IMS. 49. For the foregoing discussion, this is a fit case to quash the proceedings against the petitioner in FIR No.13/RCOCIU/ACB/2019 and accordingly quashed
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
