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| HC quashes FIR regarding purchase of sub-standard drugs | | | Early Times Report
Jammu, May 7: In a petition filed by Dr. Saleem Ur Rehman sekeing quashment of FIR No.32/2012 registered at Police Station, Vigilance Organization, Kashmir (VOK), on 16th November, 2012, for the commission of offences punishable under Prevention of Corruption Act. Justice Ali Mohammad Magrey of J&K High Court after hearing both the sides quashed the FIR.
While quashing FIR, Justice Ali Mohammad Magrey observed that the petitioner who joined the office (01.04.2011) when the entire tendering process as well as the contract was complete cannot by any stretch of imagination or any amplified interpretation of Criminal Statutes be held liable in absence of the main conspirators. Therefore, the allegations made in the FIR, even if accepted to be true in its entirety, are legally not tenable, apart from the legal repercussions of the actions of respondents, the purchase in question appears to be materialized after inviting tenders from CPSE's upon the instructions issued by Mission Director vide letter dated 12.03.2011 which is on record.
It is urged that there was no occasion to conduct post tendering negotiations in context to the Circular of State Vigilance Commission, taken on record through rejoinder affidavit filed by the petitioner. Court further observed that another aspect which cannot be ignored is that there is no departmental enquiry or report to suggest misappropriation of amount entrusted with the petitioner or any expert finding to hold the spuriousness of drugs as asserted in the reply of respondents. Moreover, no official from NRHM is bracketed as accused in the list exhibited in letter dated 21.07.2015 of Vigilance Organization to snap their collaboration with the petitioner in the perpetration of alleged offence which further erodes the element of conspiracy otherwise put forth in the FIR. No investigative material has been brought on record by the respondents to suggest the pecuniary gain derived by the petitioner while misusing his official position or diversion of funds beyond contracted rates.
A perusal of the case diary and the material on record does not involve the petitioner in the commission of offences attributed to him in the impugned FIR. The petitioner has, admittedly, joined the post of Director, Health Services, Kashmir, when the process of purchase of the drug kits under the National Rural Health Mission Scheme, was already completed. Nothing has been brought on record or disclosed in the investigation regarding the role of the petitioner in the commission of offences attributed to him. Therefore, when the whole scanning of the case does not involve the petitioner, there is no option for the Court, but to quash the proceedings against the petitioner. |
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