1999 (9) TMI 946 - SC - Indian Laws

Summary

Issues Involved:
1. Alleged criminal conspiracy and cheating by inflating quantities of scabbed apples.
2. Reliability and admissibility of expert evidence by Shri P.C. Panwar.
3. Role and responsibility of public officials and non-official members in the procurement process.

Summary:

1. Alleged Criminal Conspiracy and Cheating:
The prosecution alleged that the accused entered into a criminal conspiracy to cheat the State Government by preparing false records showing inflated quantities of scabbed apples, thereby causing financial loss to the government. The accused were charged u/s 468, 420, 120-B IPC, and Section 5(2) of the Prevention of Corruption Act, 1988. The trial court found the accused guilty u/s 120-B and 420 IPC, and Section 5(2) of the Prevention of Corruption Act read with 120-B IPC, but acquitted them u/s 468 IPC. The High Court, however, acquitted the accused of all charges, finding the prosecution's evidence insufficient.

2. Reliability and Admissibility of Expert Evidence:
The core question was whether the evidence of Shri P.C. Panwar, examined as an expert, could be believed. The High Court doubted his expertise and found his report based on surmises rather than scientific observations. The Supreme Court noted that an expert's credibility depends on the reasons and data supporting their conclusions. Shri Panwar's evidence lacked detailed scientific study or prior experience in assessing apple productivity, making his testimony unreliable. The Court emphasized that expert evidence should provide necessary scientific criteria for the judge to form an independent judgment.

3. Role and Responsibility of Public Officials and Non-Official Members:
The defense argued that public officials were not responsible for verifying whether the apples were grown in the growers' orchards, as this was the duty of non-official members like Pradhans and Up-Pradhans. The High Court found no evidence of conspiracy among the accused to cheat the State exchequer. The prosecution's case relied heavily on Shri Panwar's evidence, which was found inadequate to establish the charges. The Supreme Court upheld the High Court's view, noting the lack of direct or circumstantial evidence to support the conspiracy charge.

Conclusion:
The Supreme Court dismissed the appeals, agreeing with the High Court that the prosecution failed to establish the charges against the accused. The evidence provided by Shri P.C. Panwar was deemed unreliable, and there was no sufficient proof of a criminal conspiracy to cheat the State Government.