Excelsior Correspondent
JAMMU, Nov 11: Special Judge Anti-Corruption Jammu Tahir Khurshid Raina has accepted the closure report of Anti-Corruption Bureau relating to alleged purchase of spurious drugs/medicines on exorbitant rates during the year 2015-16.
The closure report pertains to the alleged purchase of spurious drugs/medicines on exorbitant rates during the year 2015-16 by the Govt Health Department, Jammu, without following proper procedure regarding which an enquiry was initiated by VOJ now (ACB), Jammu, vide Joint Surprise Check (JSC) No-06/2016 dated 24-10-2016.
During the course of JSC, records were obtained and enquires were made on the spot, besides samples of various drugs/medicines were lifted from the Govt Health Stores/Hospital in Jammu District with the assistance of concerned Drug Inspectors. Same were sent to Govt Analyst of Combined Drug and Food Laboratory, Jammu.
On the basis of the recommendations made in the Joint Surprise Check (JSC), an FIR bearing No. 22/2022 got registered and investigation ensued which finally culminated into the closure report.
After hearing Additional Public Prosecutor ACB Irshad Ahmed Sheikh and Investigating Officer of the case Inspector Kamal Sangra at length and perusal of record, the Special Judge Anti-Corruption Jammu observed, “I have found that all the medicines, which have been found to be of sub-standard quality, were earlier sent to the accredited laboratory of JKMCL and the said laboratory has, in its report, found them of standard quality. Only after receiving the said report, the drugs got supplied to various hospitals. To this extent I don’t find any irregularity in the procedure as prescribed in the guidelines/procedure of JKMCL”.
“However, if these medicines have been later found to be sub-standard, the procedure prescribed is to file a complaint against the manufacturing company under Drugs and Cosmetics Act before the competent court. That is an offence to be dealt under the said Act by the court of Chief Judicial Magistrate and does not come within the domain of Prevention of Corruption Act”, the Special Judge said, adding “however, I have found a reference in the charge-sheet to such a complaint having already been filed against the concerned manufacturing company in the court of Chief Judicial Magistrate and now it is for the said court to proceed in the matter in accordance with the relevant law”.
“Therefore, even if the drugs are found to be of sub-standard quality that does not give a reason to this court to proceed in the matter unless there is an allegation of misconduct of the public servants as defined under Sections 4/5 of the Prevention of Corruption Act”, the Special Judge said, adding “so far as allegations of purchase of drugs on the exorbitant rates or the procedure of e-tendering as prescribed in the guidelines/procedure is concerned, which apparently formed the basis for filing of the instant closure report in this court, on perusal of the charge-sheet and after hearing the IO and the Public Prosecutor, I don’t find any such allegation sustaining on the touchstone of law and facts as reflected from the charge-sheet and the record”. Accordingly, court accepted the closure report.
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