2023 Supreme(Telangana) 225
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SURENDER, J.
Smt. Sujatha Kancharla - Petitioner
Versus
The State of Telangana, Through ACB-CIU, Hyderabad Rep. by its Special Public Prosecutor - Respondent
Criminal Petition No.102 Of 2020
Decided On : 28-04-2023
For the Petitioner: Sri N. Naveen Kumar.
For the Respondent: Sri V. Ravi Kiran Rao.
Headnote:
Indian Penal Code, 1860 - Section 120-B, 420 - Criminal Procedure Code, 1973 - Section 482 - Irregularities and corrupt activities - Criminal conspiracy - Director General Vigilance and Enforcement, sent an alert Note to Government about irregularities and corrupt activities in office of Joint Director, Medical, Hyderabad - Held, Admittedly, no role is attributed to petitioner in FIR except stating that she has assisted A1 who is her husband and in remand report of A1 and A2, role played by this petitioner is kept blank - It is vaguely stated that this petitioner was assisting her husband without attributing any specific role - There is not even a single transaction that was done by this petitioner with DIMS or any evidence to remotely suggest that she has in any manner dealt with Director, IMS or any other employee - None of ingredients of any of penal provisions of Prevention of Corruption Act are made out - According to ACB, petitioner is liable under section 420 r/w 120-B of IPC - Essence of a criminal conspiracy is 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 petitioner in any manner in order to either gain wrongfully or cause any wrongful loss to Director, IMS - Criminal Petition allowed.
ORDER :
1. The Anti Corruption Bureau has registered present crime vide FIR No.13/RCO-CIU/ACB/2019, dated 30.12.2019.
2. According to the FIR, the Director General Vigilance and Enforcement, sent an alert Note to the Government vide No.05(C.No.1391/V&E/D2/2015& C.No.1601/V&E/D1/2017, dated 06.04.2018 about the irregularities and corrupt activities in the office of Joint Director, Medical, Hyderabad. On the basis of said alert Note, the Director, IMS constituted a Committee on 02.03.2019 and it was found that there were financial discrepancies under the Joint Director, Medical Hyderabad and also the Joint Director, Medical, Warangal. Thereafter, the Government asked ACB to take up the issue and enquire. During the enquiry, the ACB found that A3 who is the Director had issued purchase orders for Lab Kits and Reagents to a tune of Rs.110,63,06,215/- for the financial year 2017-18 and the purchase orders were found to be issued to in favour of M/s.Legend Enterprises, a shell company of M/s.Omni Medi and M/s.Avantor Performance Materials Private Limited, which occupied most of the purchase order.
3. 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. 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.
4. In the FIR, the role of this petitioner is narrated as follows:
“She is the proprietor of M/s. Omni Health Care and assisted Sri K.Srihari Babu @ Babji for wrongful gain for herself and Sri K.Srihari Babu@ Babji.”
5. After preliminary investigation and registration of FIR, the ACB effected arrest of A1, A2 and others. In the remand report of A1 and A2 dated 01.01.2020, it was reaffirmed that M/s.Legend Enterprises, M/s.Omni Medi and M/s.Avantor Performance Materials Private Limited, occupied the major share of supplies to DIMS and all of them were being run by A1. A4 had submitted a fake letter that M/s.Legend Enterprises were authorized to distribute M/s.Hemocue products. The said letter of authorization was given by T.Venkatesh (A2), who was the Area Manager of M/s.Hemocue. For the reason of such fake authorization, A1 had the advantage of getting purchase orders to M/s.Legend Enterprises from A3- Director of IMS.
6. It is the further case that the Lab kits and reagents manufactured by M/s.Hemocue were supplied to M/s.Omni Health Care but not to A4/M/s. Legend Enterprises. Several transactions were reflected in the remand report done by A1 and A2 regarding transfers from M/s.Legend Enterprises to M/s.Omni Medi. In the said remand report, it is specifically mentioned that a letter was issued to the Director, IMS by