The court held that defects in sanction do not invalidate prosecution under the Prevention of Corruption Act, and the existence of conspiracy must be evaluated during trial.

ORDER :

P. Velmurugan, J.

All these criminal revisions have been filed by the State against the order of the learned Special Judge, Special Court for the Cases under Prevention of Corruption Act, Chennai, whereby, the petitioners and the other accused were discharged from the case against them in C.C.No.84 of 2011.

2 Originally, P.R.Sundaram, Member of Legislative Assembly, Government of Tamilnadu, presented a complaint before the learned Principal Sessions Judge, Chennai, on 21.11.2000 against Pulavar Senguttuvan, Former Minister of Animal Husbandry and nine others. On the directions issued by the Court, preliminary enquiry was conducted and report was submitted on 14.03.2001. After finalising the report, the same was sent to Government seeking concurrence. In the meantime, the learned Principal Sessions Judge, by an order dated 17.07.2003, directed the Director of Vigilance & Anti-Corruption, Chennai, to register a regular case and proceed further based on the complaint given by said P.R.Sundaram.

2.1 Therefore a case in Cr.No.3/AC/22003/H.Q. was registered against A1 Pulavar Senguttuvan, Former Minister for Animal Husbandry, A2 Dr.R.Leelavathi, Former Director, Directorate of Veterinary Services and 8 other Pharmaceutical Companies, for the offence under Sections, 13(1)(c) and 13 (1)(d) of the Prevention of Corruption Act, 1988, and Sections 120-B, 192, 406, 409 and 420 IPC. After completion of detailed enquiry, a report was sent to the Government to drop action against 8 pharmaceutical companies and to take further action. The Government vide its letter dated 02.01.2004 issued concurrence, as per which, after investigation the respondent police filed a charge sheet against seven accused viz. A1-Pulavar Senguttuvan, A2-Dr.R.Leelavathi, A3- Dr.M.E.Krishna Kumar, Former Deputy Director, Animal Husbandry Department, A4-C.R.Rajasekaran, Former FA & CAO, Animal Husbandry Department, A5-Dr.R.Kathirvelu, Former Dean of Madras Veterinary College, A6-M.P.Rajendran, Director (IVPM), Animal Husbandry Department, A7-Dr.J.Duraisamy, Director, Central Peripheral Lab. The said charge sheet was taken on file in C.C.No.84 of 2011. Pending the above case, all the accused have filed petitions under Section 239 Cr.P.C. seeking to discharge them from the case.

2.2 The learned Special Judge, after hearing both the accused and the prosecution, by an order dated 25.06.2014, allowed the petitions and discharged all the accused observing that prosecution has failed to prove prima facie case to frame charges. Aggrieved over the findings of the learned Special Judge, eventually resulted in discharge of all the accused, State has filed criminal revisions before this Court. Pending revisions, A1 , A3, A4 and A6 died and hence the revisions filed against them were dismissed.

3 Learned Government Advocate (Crl.Side) for the petitioner/State would submit that during 1998-1999 and 1999-2000, all the accused A1 to A7 entered into criminal conspiracy to commit and abet one another in the commission of the offences in connection with the centralized purchase of drugs/medicines intended for the supply/distribution to 30 regions and units under the control and domain of A2. Pursuant to the conspiracy, awarded the tenders to ineligible bidders and rejected the eligible bidders by recording incorrect and false details, by manipulating/forging the computerized comparative statement of tenderers, who participated in the tender and all material particulars such as the production/availability of valid manufacturing license, good published reports, good trial report, non conviction certificates, pharmocopical standard of drugs, market standing for 2 years, valid small scale industries certificates, valid income tax certificates. Finally they placed purchase orders with a few of the drug manufactures/dealers of their own choice, which is violation of tender procedures to favour them and paid exorbitant rates, which would be the corresponding loss to the Government in Animal H