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| High Court refuses to quash FIR in Asha Kit Scam, cites alleged conspiracy | | | Early Times Report
JAMMU, May 24: The Jammu & Kashmir and Ladakh High Court has declined to quash the FIR registered by the Vigilance Organization (now ACB) in the Asha Kit Scam. The petition filed by the Managing Director of Bengal Chemicals and Pharmaceuticals Ltd. was dismissed by Justice Sanjay Dhar. The court stated that the allegations against the petitioners, accused of entering into a criminal conspiracy and appointing representatives for negotiations with the Director of Health Services for the supply of drug kits, are personal in nature. The court emphasized that the question of establishing these conspiracy allegations can only be determined after the completion of the investigation and consideration by the Special Judge for framing charges.
According to the impugned FIR, a preliminary inquiry was conducted to investigate allegations of irregularities in the purchase of medicines worth crores of rupees by the Director of Health Services, Jammu. It was alleged that the medicines were procured from permanently de-registered/blacklisted firms, ignoring codal formalities and standing instructions. The inquiry revealed that the Director of Health Services had issued a limited NIT for the purchase of medicines from Central Public Sector Enterprises (CPSEs), but most of these medicines did not fall within the approved list. Furthermore, the Tender Opening Committee approved rates quoted by all bidders, despite their exorbitant nature compared to the previous year's rates. The committee also failed to conduct a market survey or verify the genuineness of the quoted rates by the firms.
The preliminary verification uncovered additional irregularities, such as the failure of the Verifying Committee to consider the terms and conditions of the supply orders and the guidelines of the Government of India. The enquiry revealed that medicines were supplied by firms that were not the manufacturers, and good manufacturing practice certificates were ignored. The investigation established that the Director of Health Services had purchased drug kits at highly exorbitant rates, disregarding prescribed formalities, resulting in a significant loss to the public exchequer.
In summary, the court's decision upholds the validity of the FIR in the Asha Kit Scam, indicating the need for a thorough investigation into the alleged irregularities in the procurement of drug kits by the Director of Health Services, Jammu. |
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