Prima facie evidence requirement defeats conspiracy commitment where the material shows only lawful professional conduct.
An accused cannot be committed to the Court of Session for criminal conspiracy unless the material discloses prima facie evidence of the offence, including prior concert or incriminating participation. On the facts, the appellant's filing of applications and vakalatnamas, identification of the accused persons, professional appearance as a lawyer, and receipt of fees were consistent with lawful professional conduct; there was no direct evidence of conspiracy or proof that he knew the other accused were not the rightful claimants. The Court also treated his undertaking to refund any wrongful payment and partial bank deposit as consistent with bona fides. The commitment order was therefore unsustainable and was quashed.
Issues: Whether there was prima facie evidence to justify the appellant's commitment to the Court of Session for offences including criminal conspiracy.
Analysis: The documentary material showed only that the appellant filed applications and vakalatnamas, identified the accused persons, and acted as a lawyer in the proceedings. There was no direct evidence of conspiracy, no evidence of prior concert, and no material to show that he knew the other accused were not the rightful claimants. The circumstances relied upon, namely his role in identification and the fee of Rs. 1,400, did not furnish incriminating evidence of conspiracy. His conduct in taking responsibility for refund in case of wrong payment and depositing part of the amount in a bank was consistent with bona fides rather than guilty participation.
Conclusion: There was no prima facie evidence against the appellant, and the commitment order could not stand.
Final Conclusion: The appeal succeeded and the appellant's commitment was quashed, while the proceedings against the remaining accused were left to continue.
Ratio Decidendi: An accused cannot be committed to the Court of Session unless the material discloses prima facie evidence of the offence charged, including evidence of concert for criminal conspiracy; where the material is consistent only with lawful professional conduct, commitment is unsustainable.
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