- (1.) HEARD Sri Samit Gopal, learned counsel for the applicant, and Sri N.I. Jafari for the C.B.I.
(2.) THIS 482 application has been filed for quashing of the proceedings including the charge sheet filed against the applicant. The allegations against the applicant are of having involved himself in the transaction of purchase of certain medicines at exorbitant prices. The allegations against the applicant in the charge sheet are as follows : - "The investigation has revealed that total three tenders were received from M/s. Unicure (India) Pharmaceuticals Pvt. Ltd., NOIDA, M/s. Daffodills Pharmaceuticals Ltd., Meerut and M/s. Sudharshan Pharmaceuticals Pvt. Ltd., Indore. It is revealed that the Tender of M/s. Unicure (India) Pharmaceuticals Pvt. Ltd., NOIDA, U.P. is forged one. Sh. Abdul Mateen, the partner of the firm M/s. Unicure Pharmaceuticals Pvt. Ltd. was examined and he stated that he/his firm did not participate in the said tender and did not fill the tender and also did not allow/instructed anybody to apply/submit the tender. The documents filed with the tenders belong to his firm and are genuine. Hence, the tender of M/s. Unicure (India) Pharmaceuticals Pvt. Ltd., NOIDA is forged one. The investigation also revealed that two Drafts, each amounting Rs.20,000/ - bearing No.201967 and 201968 were issued on 7.2.2011 from ICICI Bank, Meerut in favour of Chief Medical Officer, F/W, Meerut from Current A/c No.628505004795. The said A/c is in the name of M/s. Daffodills Pharmaceuticals Ltd., Meerut in ICICI Bank, Raj Lok, Civil Lines, Meerut. The said Drafts were prepared on the written instruction of Sh. Surender Choudhary, Director M/s. Daffodills Pharmaceuticals Ltd. These Drafts were, respectively used for the tenders of M/s. Unicure (India) Pharmaceuticals Pvt. Ltd., NOIDA and M/s. Sudharshan Pharmaceuticals, Indore and M/s. Daffodills Pharmaceuticals, Meerut are hand in glove in submitted forged tender of M/s. Unicure Pharmaceuticals Pvt. Ltd., NOIDA More so, the beneficiary of the tenders are both the firms. The investigation revealed that Sh. Vijay Randhar, Director, M/s. Sudharshan Pharmaceuticals Pvt. Ltd, Indore got Licence on 7.1.2011 for manufacturing Folifer M Tablet (Iron 30 mg. and Folic Acid 250 mcg.). The licence was issued by the Licensing Authority. Food and Drugs Administration, Madhya Pradesh, Bhopal. It is seen that the amount of Rs.15,12,000/ - was received by the CMO, F/W, Meerut in December, 2010. The investigation also revealed that Sh. Surender Choudhary, Director, M/s. Daffodills Pharmaceuticals Ltd., Meerut informed Sh. Vijay Randhar that IFA tablet will be purchased by the CMO, F/W, Meerut. Hence, Sh. Vijay Randhar applied and received the licence for supplying the IFA to the CMO, F/W, Meerut. The investigation revealed that M/s. Sudharshan Pharmaceuticals Pvt. Ltd. has not made any other sale to any other person/authority except this sale of the IFA. M/s. Sudharshan Pharmaceuticals Pvt. Ltd. received Rs.15.12 lacs, vide Six Demand Drafts (amounting Rs.3,97,020/ - dated 1.3.2011, Rs. 4,75,373/ - dated 1.3.2011, Rs. 1,98,510/ - dated 3.3.2011, Rs.99,255/ - dated 4.3.2011. Rs.3,34,281/ - dated 11.3.2011, Rs.7,561/ - dated 24.3.2011 issued by the CMO, F/W, Meerut. It is revealed in investigation that the bills on whch the payments was sanctioned in the Office of Chief Medical Officer, Family Welfare, Meerut purportedly issued by M/s. Sudarshan Pharmaceuticals, Indore were not issued by them. The Iron Folic Acid Tablets @ 5 paise per tablet by M/s. Sudarshan Pharmaceuticals, Indore to M/s. Daffodills Pharmaceuticals, Meerut and the forged bills of same batch number were raised at the rate of paise 26 per tablet and payment for the same were received by M/s. Sudarshan Pharmaceuticals, Indore from the CMO, F/W, Meerut implying conspiracy of M/s. Sudarshan Pharmaceuticals, Indore and M/s. Daffodills Pharmaceuticals, Meerut."
(3.) A perusal of the same demonstrates the involvement of the applicant who is the proprietor of M/s Daffodills Pharmaceuticals and M/s. Eastern Drugs and 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. Learned counsel for the applicant submits that there was no sufficient evidence so as to prosecute the applicant and his alleged involvement is founded on facts which do not link him in any way with the offences alleged.;