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TMI Blog2000 (1) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-B IPC and in the alternative for the offence punishable under Section 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988. FIR was lodged at the Police Station Bhopal to the effect that there was criminal conspiracy in purchase of medicines for S.G. Cancer Hospital, Indore. At the relevant time, Dr. C.P. Tiwari was posted as Dean, Medical College, Dr. M.S. Dwivedi was working as Superintendent, Mr. S.B. Johari (Respondent No.1 in SLP No.2854/99) was working as Medical Officer In- charge of Stores and Mr. Sudhir Pingle (Sole Respondent in SLP No.2855/99) was working as Accountant in the hospital. It is alleged that all the aforesaid accused entered into criminal conspiracy with some local businessmen of Indore by misusing their pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the prosecutor proposes to adduce to prove the guilt of the accused, even if fully accepted before it is challenged by cross examination or rebutted by defence evidence, if any, cannot show that accused committed the particular offence. In such case, there would be no sufficient ground for proceeding with the trial. In Niranjan Singh Karam Singh Punjabi etc. v. Jitendra Bhimraj Bijjayya and Others etc. reported in (1990) 4 SCC 76, after considering the provisions of Sections 227 and 228, Cr.P.C., Court posed a question, whether at the stage of framing the charge, trial court should marshal the materials on the record of the case as he would do on the conclusion of the trial? The Court held that at the stage of framing the charge inquiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion that comparison of different prices at different places at different periods on the basis of different transactions between different persons cannot straightway be made the basis for alleging corruption or corrupt practice on the part of the accused. The Court further observed that the trial court has not properly appreciated that there is a difference of about 550 miles between Jabalpur and Indore and therefore price difference in purchase of medicines would be there. The Court also held that the medicines were purchased at two places during different periods and therefore also, there would be a price difference. With regard to A. P. Acharya and Dr. O.P. Tiwari the Court observed that they were not shown to have any control over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cases, it is only from the available circumstantial evidence an inference of conspiracy is to be drawn. Further, the High Court failed to consider that medicines are normally sold at a fixed price and in any set of circumstances, it was for the prosecution to lead necessary evidence at the time of trial to establish its case that purchase of medicines for the Cancer Hospital at Indore was at a much higher price than the prevailing market rate. Further again non-joining of two remaining members to the Purchase Committee cannot be a ground for quashing the charge. After framing the charge and recording the evidence, if Court finds that other members of the Purchase Committee were also involved, it is open to the Court to exercise its power ..... X X X X Extracts X X X X X X X X Extracts X X X X
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