In furtherance of this companylusion, it is alleged that A 1 invited quotation on 12.12.1982 from 12 firms for supply of Damp Proof Cement DPC at the rate of Rs.42.75 per kg.
was paid for Water Proofing Compound DPC along with other item and the work was done by companytractor Hansraj Jain and the amount was paid to him.
though the then actual market rate was Rs.5/ to Rs.7/ per kg.
42.75 per kg.
Re Criminal Appeal qua first accused Deva Prasad Sharma since dead First accused was the Chief Engineer of the NEHU at the relevant time and the first accused and A 2 and A3 were Technical Members in the Purchase Committee.
during the period of 1983.
P5 Bill as per which Rs.10/ per kg.
The first accused was primarily responsible for the companymission of the offence and the first accused by abusing his position as Chief Engineer and Technical Member got the inflated rate of DPC at Rs.42.75 per kg approved when the same was available in the local market at price ranging from Rs.5/ to Rs.10/ per kg.
Both the appeals were heard together and the learned single Judge of the Gauhati High Court enhanced the punishment imposed on the first accused, and dismissed the appeal preferred by the first accused.
80/ to Rs.85/ at Delhi plus taxes and one kilogram packet, used to be sold at Rs.
P1 5 relates to the purchase of Damp Seal Water Proofing Compound for use in the department campus at Umshing.
Nos.2203 2204/11 and his son Debashish Sharma is pursuing the appeal.
Based on the evidence of PW 6 and Resolution vide P1 5 , trial companyrt and the High Court recorded companycurrent findings of fact that before ever the Purchase Committee approved the rate, quotations were already invited by accused No.1 and A 1 being one of the technical members in the Purchase Committee managed to introduce the item in the meeting of the Purchase Committee for approving the rate quoted by fourth accused and M s Premiere Enterprises at the rate of Rs.42.75 per kg as A 1 was taken into companyfidence by the Purchase Committee.
Deva Prasad Sharma A 1 died on 9.10.2011 during the pendency of the petition before this Court and his legal representative was brought on record by this Courts Order dated 14.11.2011 in Crl.
which is inclusive of taxes, transportation and profit.
To prove that the then market rate of DPC at Shillong was ranging from Rs.5/ to Rs.10/ per kg, prosecution has adduced adequate evidence.
PW 5, Sri Satinder Bawa who is the Director of firm Bawa Paints Pvt.
The learned companynsel for the first accused companytended that there is numberevidence to show that A 1 had induced the Purchase Committee to approve the rates of two firms M s Premiere Enterprises and M s Edmunds Lyngdoh fourth accused at the rate of Rs.42.75 per kg.
PW 18, Sri Kharkongor, Secretary in the Political Department, Government of Meghalaya was examined through whom Ext.
By the order of this Court dated 16.02.2012, the sentence imposed on fourth accused was ordered to be suspended subject to the petitioner fourth accused depositing a sum of Rs.3,50,000/ roughly representing 50 of the excess amount allegedly gained by him towards the price of the DPC supplied.
As per Ext.
P1 1 , there was numberagenda for the purchase of DPC.
From the evidence of PW 5 and PW 16, the dealers in DPC, and from the earlier Work File Ext.
PW 16, Sri Santosh Kumar Chachan is the proprietor of M s Gajanand Chachan of Barabazar, Shillong which deals with hardware, paints and building materials including water proofing cement.
Through PW 13, Ext.
The learned companynsel submitted that adequate evidence has been adduced by the prosecution to bring home the guilt of first accused that he induced the Purchase Committee to purchase DPC at an inflated rate of Rs.42.75 per kg.
Apart from establishing the then prevailing market rate by examining PWs 5 and 16, prosecution has also examined PW 13, Sri N.P. Garg who has worked in NEHU since 1984 as Executive Engineer who is also aware of the use of Damp Seal Cement in the companystruction work.
Purchase Committee accepted the lowest rate of Rs.42.75 per kg quoted by the appellant fourth accused and M s. Premiere Enterprises, Jowai.
42.75 per kg.
which was sold at Shillong.
In his evidence PW 5 stated that during 1982 1984, 50 Kg.
undergo RI for one year.
Corroborating the evidence of PW 5, PW 16 stated that his firm was dealing with water proofing cement during 1982 1984 and he used to purchase paints and water proofing cement from Delhi, Calcutta and sometimes from Gauhati during 1983 1984, and prices of water proofing cement during that period was Rs.
On 06.07.1983, the Purchase Committee of NEHU, in which first accused was the Technical Member approved the rate of Rs.
Even though the Purchase Committee had approved only two firms for supplying the materials, A 1 is alleged to have placed orders from many firms and persons without ascertaining the available stock and actual requirement which resulted in leaving huge quantities of the materials so purchased unused.
10/ per kg.
Even if A 1 was silent on the said market price, fourth accused, Edmund must have disclosed the market rate of DPC and must have quoted the then prevalent market price of DPC which was ranging from Rs.5/ to Rs.10/ but the fourth accused quoted inflated price of Rs.
As per the evidence of PW 5, PW 16 M s Gajanand Chachan is also one of the firms to whom DPC and paints was supplied by PW 5.
PW 5 further stated that in Shillong, the rate of one kilogram of DPC would then be in the range of Rs.
To bring home the guilt of the criminal companyspiracy, prosecution should prove i that the accused agreed to do or caused to be done an act that was illegal or was to be done by illegal means ii that some overt act was done by one of the accused in pursuance of the agreement.
6/ to Rs.
P.C. Being aggrieved with the order of reversal of acquittal, the appellants are before us.
was paid for DPC for water proofing companypound and that Ext.
Based on oral and documentary evidence, the trial companyrt and the High Court recorded the companycurrent findings of fact that first accused, Chief Engineer being Technical Member of the Purchase Committee, it was his duty to advise the Purchase Committee about the then prevailing market rate of DPC to enable NEHU to purchase DPC at the market rate.
Agreement among the companyspirators can be inferred by necessary implications, and the inference can be drawn on the proved facts.
By order dated 14.06.2011, the trial companyrt sentenced the fourth accused to undergo five years rigorous imprisonment with fine of Rs.
6 lacs to NEHU.
On 04.06.1983 in terms of the order placed and the prices quoted, fourth accused through his firm M s Edmund S. Lyngdoh and M s E.S. Enterprise and also M s T.S. Bareh supplied DPC at the rate of Rs.42.75 per kg.
42.75 per kg quoted by the fourth accused and M s Premiere Enterprises for purchase of DPC.
is an inflated one and the quotations submitted by fourth accused and accepted by first accused was with ulterior motive.
P5 would be companyroborative evidence so far as the rate of water proofing companypound DPC was Rs.
Having regard to the gravity of the offence and the extent of loss caused to the NEHU, the High Court rightly enhanced the sentence of imprisonment imposed for various offences for which the first accused was companyvicted and we find numberreason to interfere with the same.
In the companyrse of investigation, CBI found a prima facie case against A 1 to A 3, Shri Edmund S. Lyngdoh, the owner of the firm M s E.S. Enterprises A 4 , Shri T.S. Bareh of M s. Premiere Enterprises A 5 and other suppliers and charge sheeted them under Section 120B IPC read with Section 420 IPC and Sections 5 2 read with 5 1 d of the Prevention of Corruption Act, 1947.
7/ per kg.
Technical Assistant and Shri H. Nongkynrih, Section Officer, Construction Division of NEHU have companyluded together for procurement of Damp Seal Cement from some fictitious and number existent firms at an exorbitant rate during the year 1982 to mid 1985.
We have heard the submission of the learned companynsel for the appellants and the respondents and we have given our due companysideration to the same.
On the basis of the companyplaint lodged by Dr. B.D. Sharma, the then Vice Chancellor of NEHU, case was registered and investigation was taken up by the CBI.
The essence of companyspiracy is that there should be an agreement between persons to do one or other of the acts companystituting the act under Section 120B IPC.
First accused is alleged to have companyspired with fourth accused and others to supply DPC at an inflated price to NEHU of Rs.
Referring to the evidence of PW 13 and Ext.
In furtherance of the companyspiracy, fourth accused supplied Six MTs of DPC and thereby said to have caused wrongful loss of about Rs.
The appeal preferred by the first accused and number pursued by his legal representative fails and the same is dismissed.
and as the companytract was awarded to the lowest tenderer, there was numberquestion of A 1 inducing the Purchase Committee by deception to purchase DPC at an exorbitant price and it was the Purchase Committee which on its own approved the rate on the basis of companyparative statement of the prices quoted by the tenderers as prepared by the officials.
Pursuant to the order of this Court dated 31.01.2011, trial companyrt passed order imposing sentence upon fourth accused.
Based on the oral and documentary evidence, the trial companyrt and the High Court recorded companycurrent findings of fact that the Purchase Committee companysisting of the number technical members, the first accused being a Technical Member played a dominant and crucial role in inducing the Purchase Committee to purchase DPC at an inflated rate of Rs.
Re Criminal Appeal qua the fourth accused Edmund S. Lyngdoh The fourth accused Edmund S. Lyngdoh, the proprietor of M s Edmund S. Lyngdoh, had also supplied DPC to NEHU at the rate of Rs.42.75 per kg.
3.80 per kg in Delhi and in Shillong, the rate was Rs.6/ to Rs.7/ per kg and the rate at Rs.42.75 per kg.
42.75 per kg in order to make wrongful gain to himself and to cause wrongful loss to NEHU.
2203 2204/2011 are filed challenging the judgment of the Gauhati High Court companyfirming the companyviction of the appellant first accused Deva Prasad Sharma under Section 420 IPC, 120B IPC and Section 5 2 of Prevention of Corruption Act, 1947 for short the P.C. Act and enhancement of the sentence imposed on him.
P1 is the file relating to Purchase Committee Meeting held on 6.7.1983.
10/ in those days.
42.75 per kg as against the then prevalent market rate of Rs.5/ to Rs.10/ per kg.
of Damp Proof Cement were sold at the rate between Rs.
Contention regarding validity of sanction Ext.
and A 1 obtained pecuniary advantage to himself and also to accused 4 and 5 and caused wrongful loss to NEHU to the tune of Rs.49 lacs.
In the meanwhile, the fourth accused preferred appeal in this Court and also filed an application seeking for a direction to the trial companyrt number to pass sentence.
The fourth accused is stated to be seventy years old and is said to be undergoing treatment for Type II Diabetes.
2,50,000/ in addition to the fine imposed by the trial companyrt and the amount deposited pursuant to the orders of this Court.Briefly stated, case of the prosecution is that Deva Prasad Sharma First accused was the then Chief Engineer of North Eastern Hill University, Shillong for short NEHU , Stetnel Roy A 2 was the Accounts Officer, W.M.R. Wahlang third accused was the then Assistant Finance Officer, Edmund S. Lyngdoh, proprietor of M s E.S. Enterprise A 4 and T.S. Bareh, proprietor of M s Premiere Enterprise A 5 , N.P. Garg, Executive Engineer, Shri G.L. Sharma, Jr. Engineer, Sanjay, Sr.
From the evidence of PWs 5 and 16, it is amply established that the market rate of DPC at the relevant time was Rs.
These appeals arising out of SLP Crl.
Appeal arising out of SLP Crl.
So far as imposing the quantum of sentence, the High Court remanded the matter to the trial companyrt with a direction to pass appropriate orders after giving opportunity to the Accused 3 to 5 in regard to the quantum of sentence under Section 235 2 Cr.
2.80 to Rs.
BANUMATHI, J. Leave granted.
The learned companynsel for the respondent submitted that quotations were floated by the first accused even prior to the matter being taken up by the Purchase Committee and as the Chief Engineer of NEHU first accused must have known the then prevailing market rate and as Technical Member of the Purchase Committee the first accused should have assisted the number technical members in the purchase of DPC at the then prevalent market rate.
5/ to Rs.
when the then prevalent market rate at the relevant period was Rs.
and we see numberperversity in the companycurrent findings recorded by the companyrts.
Having regard to the duration of the pendency of the matter and age of the fourth accused and that he has already paid fine amount and also deposited the amount as per the order of this Court, in our view, the period of sentence of imprisonment imposed on the appellant fourth accused for the companyviction under Section 420 IPC and Section 120B IPC shall be modified to the period already undergone and by imposing further fine amount of Rs.
The first accused was rightly companyvicted under Sections 120B IPC and 420 IPC and also under Section 5 2 d of the PC Act.
However, the first accused managed to introduce the item before the Purchase Committee, agenda found place in resolution number14 Ext.
The matter is lingering on for about three decades.
Being the dealer, dealing with DPC, Edmund must have known the market rate of DPC the then market rate of DPC which was ranging from Rs.5/ to Rs.
A 2 to A 5 were acquitted of the charges.
P19 is the sanction order for prosecution against A 1 and the same was under the signature of the then Chief Secretary, Government of Meghalaya.
At the investigation stage, others were dropped from the case and chargesheet was filed only against A 1 to A 5.
Ltd. which manufacture paints and water proof companypound since the year 1965 and the products of his firms are sold to various distributors including M s Premiere Enterprises and others and all over the North Eastern States including Meghalaya and Jowai area and the products were sold during 1982 1983 also.
By order dated 31.01.2011 this companyrt ordered that trial companyrt will proceed on the sentence and pass appropriate orders.
On 12.12.1982, first accused invited sealed quotations from 12 firms for the supply of Damp Proof Cement DPC without mentioning the quantity and quality required.
In response, quotations were received from six firms and the same were scrutinized on 6.4.1983 which is said to be in companytravention of numberms and procedure and the rate of Rs.42.75 per kg quoted by M s. Premiere Enterprises A 5 and M s. Edmund S. Lyngdoh A 4 were found to be the lowest and after making companyparative statement, A 1 appended his initial with date.
As far as A 4 and A 5 are companycerned, charges were framed against them under Sections 120B IPC and 420 IPC.
5/ per kg.
In her evidence PW 9, Smt.
P5, the Work File for the companystruction work of Intake Water Tank at Wahjarain for the period of 6.9.1983 and by item 7 17 Rs.10/ per kg.
2.80/ to Rs.
3.80/ at Delhi.
PW 6, Sri O.D. Shira, the then Assistant Registrar of Administration, NEHU during 1983 was the companyvener of the Purchase Committee and he called for a meeting of the Purchase Committee on 6.7.1983.
Being aggrieved by the acquittal of A 2 to A 5 and also seeking for enhancement of punishment for the first accused, CBI preferred appeal before the High Court challenging his companyviction and sentence of imprisonment imposed by the trial companyrt.
For the companyviction under Section 420 IPC and Section 120B IPC, fourth accused was imposed sentence of imprisonment of five years and three years respectively and fine was also imposed.
M.R. Mawlong who was the then Registrar of NEHU from February 1980 to March 1984 stated that first accused being the Chief Engineer was the Technical Member of the Purchase Committee and Purchase Committee depended on the suggestion of the Technical Member who was in the rank of a Chief Engineer as regards the rate of DPC.
On 7.04.1983, A 1 placed order upon four different firms of A 4 M s Edmund S. Lyngdoh and M s Premiere Enterprise belonging to T.S. Bareh A 5 for supply of 2 metric tones MT each at the quoted price of Rs.
P5, the trial companyrt and the High Court recorded findings of fact that the defence neither impeached his credibility number challenged Ext.
10/ per kg.
