Section 120-B of IPC and PMLA

The essential ingredients of the offences under Section 120-B IPC are as follows: -
a)      The accused conspired with some person or persons;
b)      In doing so, the accused either did or caused to be done;
a.      an illegal act, or
b.      an act though not in itself illegal, by illegal means.
c)      Such an act done or caused to be done was an offence punishable under law.
d)      If the act so done was not an offence then also on an overt act had been done by one or more of the conspirators.
Therefore, the ingredients of the offences of criminal conspiracy are that there should be an agreement between the persons who are alleged to conspire and the said agreement should be for doing of an illegal act or for doing, by illegal means, an act which itself may not be illegal.  Therefore, the offences of criminal conspiracy consists in meeting of minds of two or more persons for agreeing to do or causing to be done an illegal act or an act by illegal means and the performance of an act in terms thereof. A perusal of the material collected by the Vigilance Dept. do not show that there was any meeting of mind of two or more persons for agreeing to do an illegal act. Mere allegation of conspiracy, without any material showing any agreement or acts preparatory to the offence or acts constituting the offence, itself is not sufficient for attracting the provisions of Section 120-B Indian Panel Code.  In such view of the matter the provisions of Section 120-B of the Indian Penal Code, 1860 cannot be pressed into service and once Section 120-B of the Indian Penal Code, 1860 is not attracted then automatically the entire prosecution launched against the answering Respondents becomes otiose. In the present case, no material has been produced by the Vigilance authorities to substantiate the allegation of criminal conspiracy against the present answering Respondents. Except the bald allegations made in the charge sheet, none of the witnesses examined during investigation have even whispered anything about the prior meeting of mind and unlawful agreement between the accused persons to constitute the offence of criminal conspiracy punishable under section 120 –B IPC.
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