2015 (7) TMI 1429 - HC - Indian Laws

Pharmaceutical company's proprietor denied application to quash charges in inflated medicine purchases case.

The court denied the application to quash proceedings and the charge sheet against the pharmaceutical company proprietor accused of involvement in ... Seeking grant of bail - transaction of purchase of certain medicines at exorbitant prices - HELD THAT:- The investigation demonstrates the involvement of the applicant who is the proprietor of M/s Daffodills Pharmaceuticals and M/s. Eastern Drugs & Sanitary Products. The aforesaid allegations in the charge sheet are supported by evidence that has been filed along with the charge sheet itself and has also been explained by the learned counsel for the C.B.I. Similar grounds had been taken by one Devendra Mohan in a 482 application filed before this Court and the same was considered in detail along with other co-accused of the NRHM scam. The said application was dismissed by a detailed judgment of a learned Single Judge of this Court reported in DEVENDRA MOHAN VERSUS C.B.I. /EOU-IV/NEW DELHI [2013 (2) TMI 929 - ALLAHABAD HIGH COURT]. On the arguments that have been advanced by Sri Samit Gopal, the reasons given in the aforesaid judgment clearly apply. The entire gamut of facts and the fact of misappropriating government funds resulting in the NRHM scam is clearly extended therein and therefore there is no occasion or any reason to quash the proceedings or the charge sheet against the applicant. Thus, no case is made out for quashing of the proceedings or the charge sheet - application dismissed. Issues:Quashing of proceedings and charge sheet based on allegations of involvement in the transaction of purchasing medicines at exorbitant prices.Analysis:The judgment pertains to a 482 application seeking the quashing of proceedings and the charge sheet against the applicant, who is alleged to have engaged in the purchase of medicines at inflated prices. The charge sheet details the involvement of the applicant in transactions with various pharmaceutical companies, including forged tenders and misappropriation of funds. The applicant, a proprietor of pharmaceutical companies, is accused of being part of a conspiracy involving the submission of forged tenders and inflated billing for medicines. The evidence supporting these allegations is presented in the charge sheet and reiterated by the C.B.I.The applicant's counsel argues that there is insufficient evidence to prosecute the applicant and that the alleged facts do not establish his connection to the offenses. Reference is made to a previous case involving similar grounds raised by another individual, which was dismissed by a learned Single Judge in a detailed judgment related to the NRHM scam. The arguments put forth by the applicant's counsel are deemed insufficient as the facts of misappropriation of government funds in the NRHM scam are considered to apply to the present case as well. Consequently, the court finds no basis to quash the proceedings or the charge sheet against the applicant.In conclusion, the court rejects the application for quashing the proceedings and the charge sheet, citing the reasons provided in the previous judgment related to the NRHM scam and the lack of merit in the applicant's arguments. The judgment underscores the seriousness of the allegations against the applicant regarding the purchase of medicines at inflated prices and the conspiracy involving multiple pharmaceutical companies, leading to the dismissal of the application seeking relief from the charges.