Judgment 1. Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioners and learned J.C. to Special P.P. for Vigilance. 2. In all these three cases the four petitioners seek quashing of the order dated 26.2.2005 passed by Special Judge, Vigilance, II, Patna in Special Case No. 03/ 1999 (State vs. Pratima Patel & Ors.) by which the petition dated 3.10.2002 filed on their behalf to discharge them from the alleged offence under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 3/4 of the Bihar Examination Control Act, 1981 and Sections 7, 8, 9, 19 and 13 of the Prevention of Corruption Act, 1988, has been rejected and it is also prayed that the entire prosecution case against them should be quashed. 3. The prosecution case on the basis of the written report of Shri Ramanand Singh, Officer Incharge of Katihar Town Police Station given on 22.7.1998, is that the B.Ed, examination was scheduled to take place on 22.7.1998 at D.S. College, Katihar. On that date 1237 examinees were scheduled to appear in the said examination but in the absence of sufficient sitting arrangement the scheduled examination was cancelled. Thereafter, there was hulla that admit cards were being distributed by taking money and on the instruction of the Superintendent of Police. Katihar the informant proceeded along with other policemen to the place where alleged acts were reported to be taking place. It was informed that some persons who had come on Fiat car had distributed a large number of admit cards after taking money and thereafter had gone towards the town. The informant thereafter proceeded towards that direction and when he reached near Mahmood Chowk he saw a crowd had assembled in front of a house and on seeing the police the people started fleeing away on which the police party rushed into the house and asked the persons in the house to keep sitting. There the informant saw a lady, whose name was given out as Pratima Patel, sitting on a cot and in front of her a rexine bag was kept along with bundles of currency notes and a bundle of Admit Cards were also there and a Jeep bearing registration No. BEK-422 was standing out side. There the informant saw a lady, whose name was given out as Pratima Patel, sitting on a cot and in front of her a rexine bag was kept along with bundles of currency notes and a bundle of Admit Cards were also there and a Jeep bearing registration No. BEK-422 was standing out side. The currency notes and the Admit Cards were seized and the lady who turned out to be the Principal of Millia Fakruddin Ali Ahmad B.Ed, teachers Training College, Rambagh, Purnea also gave her statement in which she admitted that all the persons who were present in the room as well as others named in the FIR were in conspiracy and running a racket to distribute fake admit cards of B.Ed, examination after taking huge amount of money from the candidates. All these four petitioners were also found sitting there in the said room and were arrested from the said place and from some of them recovery of money was also made including an amount of Rs. 2,500.00 from Md. Mahmud Alam and Rs. 20,482/- from Shams Tabrez. After investigation chargesheet was also submitted in the case in which the allegation against all the accused persons including the present petitioners have been found to be true and cognizance has been taken against them under the aforesaid sections by order dated 5.5.2002 by the Special Judge, Vigilance. 4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the present matter. It is stated that Md. Khalid Siddique was the landlord of the house and thus his presence at the place cannot be a ground for implicating him as an accused. With respect to Zahid Equbal and Shams labrez, it is stated that they are dealers of medicines and there was no occasion for them to be involved in the said matter. With respect to Mahmud Alam it is stated that he was a driver of the said Jeep bearing registration No. BEK-42 and there was no occasion for him to have been made accused in the conspiracy involving sale of fake admit cards since even in the FIR the allegation is that the accused persons had come in a Fiat Car and sold fake Admit Cards. It is further submitted by the learned counsel that there is no allegation even in the FIR regarding any hand of the petitioners in the commission of the offence except that they are mere persons who were found in the room from which the Admit Cards and the currency notes were seized. It is further submitted that during the course of investigation no specific material has been found that these petitioners were in any manner involved in the conspiracy and thus there is no occasion for them to be proceeded against and put on trial for the said offences. Learned counsel further submits that so far as the Jeep driver Mahmud Ali is concerned, a sum of Rs. 2,500.00 was recovered from his possession and the jeep was also found only standing outside and without there being any specific allegation of the same being used for any illegal purpose; in fact, it is submitted that even if the jeep was being used by the other accused persons, the driver of the jeep being an illiterate person could not have been treated to be a party to the said activity of the other accused and himself made accused in the said case. For the aforesaid reasons, it is submitted that there is no material against these four petitioners for framing of charges against them and taking them to trial. 5. Learned counsel for the Vigilance, on the other hand, stated that even on the very day on which the police party headed by the informant had raided the room all these four petitioners along with other accused persons were found there and in their presence and their conscious possession a large number of fake admit cards as well as an amount of Rs. 1,82,952/- in cash was recovered. It is stated that no explanation has been forthcoming from the accused persons as to under what circumstances, they were present in the room in such suspicious circumstances where a large crowd assembled outside for the purpose of taking fake admit cards and even inside the room a large number of fake admit cards and huge amount of money had been found. It is submitted that since they were arrested red-handed from the spot and money was also recovered that alone would be sufficient material for framing charges against them and proceeding against them in the matter. 6. It is submitted that since they were arrested red-handed from the spot and money was also recovered that alone would be sufficient material for framing charges against them and proceeding against them in the matter. 6. Learned counsel for the Vigilance also refers to para 5 of the case diary in which it has been found that all the arrested accused persons had gone in the said jeep bearing registration no. BEK-42. He also refers to para 7 of the case diary in which the informant has reiterated what has been stated in his written report. He further refers to para 11 of the case diary in which the statement of Pratima Patel, the Principal of the Millia Fakruddin AN ahmad B.Ed. Teachers Training College. Ram Bagh, Purnea has been recorded in which she has admitted all the facts regarding conspiracy being committed by the accused persons which include officials of the University also as well as all the present petitioners. He further points out that all the accused persons who were arrested at the spot had confessed to their involvement in the said conspiracy. 7. On the basis of the aforesaid facts and circumstances of the case, it is submitted by the learned counsel for the Vigilance that sufficient material does exist in the matter for framing charges and the impugned order dated 26.2.2005 is thus fully justified in rejecting the application of the petitioners for their discharge. 8. On a consideration of the contentions of the learned counsel for the petitioners and the learned counsel for the Vigilance this Court is of the view that for the purpose of framing of charge sufficient materials have been found and there is no infirmity in the order dated 26.2.2005 passed by the learned Special Judge, Vigilance in this regard. Learned counsel for the petitioners was unable to explain that as to how all the four petitioners whether landlord or dealers in medicines or driver of the jeep were present in the said room where so many fake admit cards along with huge amount of money have been recovered. It is evident that no outsiders prima facie could have been permitted inside the room under such circumstances when the huge amount of money and fake admit cards were present unless they were really a part of the conspiracy. 9. It is evident that no outsiders prima facie could have been permitted inside the room under such circumstances when the huge amount of money and fake admit cards were present unless they were really a part of the conspiracy. 9. In the facts and circumstances of the case, this Court does not find any merit in the present applications and they are accordingly rejected.