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TMI Blog1971 (10) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... prosecution case further was that they paid exorbitant prices for these materials, that the quotations obtained by them were opened, contrary to the rules, without then keeping a second officer present, that at the instance of Manik Motor Works Res. Lala introduced the name of M/s. Auto Stores, a non-existent firm, in the list of approved firms with the object of showing that the quotations of Manik Motor Works were lower than those of other suppliers, and lastly, that the two respondents were guilty of , fabricating certain quotations said to have been given by firms such as the United Motor Works and Darrang Transport Go. The principal charge for which these two officers and five others were said to be liable was that they along with those others entered into a criminal conspiracy with the object of cheating and defrauding the Government of India, and with that end, of fabricating documents and of accepting supplies in breach of the rules governing them. 3. The first information report in connection with these alleged offences was lodged on January 18, 1963. It is strange, however, that in that report no mention was made of Res. Khanna, and instead the persons charged therei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng oral orders without previously obtaining quotations or issuing quotation enquiries, of opening quotations without the presence of another officer as required by the rules, of preparing anti-dated quotations etc. There were so allegations of res. Lala having accepted several amounts totalling about Rs. 4,200/-as and by way of bribe and of the employees of Manik Motor Works having forged fictitious quotations in the name of Darrang Transport, Rajasthan Transport and Auto Stores. 5. By his order dated September 16, 1964, the Special Judge held that from a perusal of the documents brought on record, of which copies were furnished to the accused before him under Section 173 if the CrPC, and after hearing the parties, a prima facie case had been made out and, thereupon framed 13 charges against respdts. Khanna and Lala and five others under Section 120B of the Penal Code, Section 5(2) road with Section 5(1)(d) of the Prevention of Corruption Act 1947 and sees 420, 468 and 109 of the Penal Code. Having done this he fixed November 12, 1964 as the date for the trial. 6. The two respondents thereupon filed two revision applications, Nos. 108 of 1967 and 4 of 1968 before the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctober 15, 1962, November 13, 1962 and November 18, 1962 were each over Rs. 1,000/-i.e., apparently beyond the financial authority delegated to res. Khanna. But that summary also shows that these three orders were in respect of dissimilar articles which for that reason could be ordered by Khanna even though they were in excess of Rs. 1,000/-. The summary further shows that Khanna had given a certificate to that effect in respect of each of those three orders. Prima facie, therefore, there does not seem to be anything criminal about those orders. In any event, the larger part of the orders, namely , for Rs. 32,129/-out of Rs. 40,000/-and odd were placed by Brig. Mani and not by Khanna, The summary also shows that except in the case of an order for Rs. 420J-, dated July 30, 1962, the rest of the orders issued by both Brig. Mani and Khanna were placed after quotation enquiries had been made by Major Lala quotations obtained. Prima facie therefore, no fault could be attached in regard to the placing of these orders by Khanna as that had been done after Lala had obtained quotations from the firms mentioned in the summary, namely, United Motors, Rajasthan Motors, Manik Motor Works, Oar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d obtained processed quotations. When that was done, Khanna within his financial, powers, and if the order was above Rs. 1,000/-Brig. Mani, would place the, supply orders. The papers relating to such orders would have to go before the accounting or auditing section and it would be there that the bills, after scrutiny would be passed and ultimately paid. Since such was the procedures it is some what difficult to see how these two officers could be held responsible in relation to payment of bills to the firms from whom supplies were ordered and in fact accepted. Since the bills and all the papers connected with them, such as quotation enquiries and quotations obtained from the firms, had to be submitted according to the procedure laid down therefore, to the account section where those papers would be duly scrutinized and audited, there was nothing which these two officers could be said have done surreptitiously. If they had done any thing contrary to the rules and procedure that would presumably have been found out and any sinister object, such as a showing favour to Manik Motor Works, which they could have, entertained, would have at once been discovered. 12. There were neverth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Khanna, of course, had nothing to do with calling for quotations or receiving them and processing them. His duty was to place supply orders with that firm whose quotations were either the lowest or the most reasonable. Prima facie he could not be saddled with the forgery of those quotations or with their acceptance, except upon a conjecture, in the absence of any concrete material, that he had joined with res. Lala and both of then in their turn had joined in a conspiracy with the person who had sent the forged quotations. Such material was lacking In any event, it could not be said that Khanna was responsible in the matter of the fraud relating to those quotations even if res. Lala could be said to be responsible. Res. Lala may not have been as circumspect as he might be expected to be or was even neglectful. But he could not, in the absence of other materials, be held liable for any criminality in regard to the said quotations. 15. As already pointed out, out of thirteen orders in question, four of the value of Rs. 32,000/-and odd were placed by Brig. Mani. Annexure 'F' to Khanna's revision application shows that those four orders were placed after quotations w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply orders placed by Khanna. In that connection Lala obviously could not be said to be responsible as it was not his duty to place the orders. Besides, the mere fact that in some cases prices higher than those quoted by the other firms were paid cannot, without anything more, lead to the conclusion of any fraudulent intent or conspiracy. Prices depend upon diverse factors such as quality, suitability immediate availability etc. If, therefore, prices in respect of some items happened to be on the higher side, that fact is not capable of spelling out a conspiracy or fraud. 18. But it was said that these goods were purchased after making spot enquiries and without following the usual procedure of calling for quotations, receiving them, opening them in the presence of two officers and then selecting the firm from whom the article should be purchased . It was, however, possible that the goods might have been required immediately especially in an emergency like the one which was then prevailing and an officer might find it difficult, if not impossible, to go through the routine, possible desirable in peace time. Spot enquiries and purchases following them might have been considere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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