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2020 (1) TMI 1547 - SC - Indian LawsCriminal Conspiracy - It is the case of the prosecution that having regard to Rule 37 of the Rules, it was incumbent upon the Appellant, before acting upon the reconstitution of the firm, to obtain the previous sanction of the State Government - HELD THAT:- The court notes that for punishing Under Section 120B of the Indian Penal Code, the prosecution is required to prove the conspiracy. The agreement, which is illegal, can be proved by necessary implication. It is to be largely proved from the inference of the illegal acts or omissions by the conspirators. The incriminating evidence collected by the prosecution, it is noted, is that the Appellant recommended issuance of MDPs in gross violation of the Act despite the office noting to the effect that the matter required legal opinion. The stand of the Appellant that he had discussed the matter with the Legal Department is seen negatived by CW21. As to his contention that many a time AMC was reconstituted and he had really discussed the matter with CW21 before directing the issue of MDPs, was found to be a matter of defence which could not be pressed at the threshold. A matter, Under Rule 37 of the Rules, therefore, according to the prosecution case, which ought to have gone to the State Government for prior sanction, came to be dealt with by the Appellant as Director of Mines. This led to the issue of MDPs. It is, no doubt, true that there may not be any other material to link the Appellant with various other acts and omissions which have been alleged against the first Accused in particular along with the fifth Accused and other Accused. However, the fact remains, if the defence of the Appellant is not to be looked into, which included the practice obtaining in the past whenever the firm was reconstituted, and also the version of the Appellant that he did in fact speak with the Deputy Director (Legal) and acted on his advice and further that this fact would be established if the Deputy Director (Legal) was questioned in his presence, they would appear to be matter which may not be available to the Appellant to press before the court considering the application Under Section 227 of the Code of Criminal Procedure. The inevitable consequence is that we are not persuaded to hold that the High Court was in error in the view it has taken - Appeal dismissed.
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