JAYA ROY,J - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the C.B.I.
(2.) THE petitioner is apprehending his arrest in this case which has been registered for the offence committed under Sections 120(B)/420/467/468 and 471 of the I.P.C. and under Section 13(2) read with 13(1)(c) and 13(1) (d) of the P.C. Act, 1988, in connection with C.B.I. Case No. RC 11(A)/2009 -AHD -R, pending in the court of A.J.C. Cum Special Judge -I, C.B.I./A.C.B., Ranchi.
(3.) THE prosecution case as appears in the F.I.R. in brief is that one of the co -accused Pradeep Kumar, while functioning as Secretary, Health Department, Govt. of Jharkhand during the period between 2008 -09 entered into a criminal conspiracy with other accused persons including the petitioner and by abusing their respective official position as per public servant, fraudulently and dishonestly purchased medicines, medical equipments, appliances, sundry item etc. used in the hospital from 19 suppliers worth Rs.1,30,50,79,951.74 without assessing the actual requirement and without observing the codal formalities prescribed in this regard. The further allegation in the F.I.R. is that for purchasing some of the items in question, budget allocation for NRHM Scheme was not taken into account which is manifest from the fact that as against the budget allocation of Rs.9.56 crore for Sahiyya Kit, an amount of Rs.10.31 crore was spent as against the budget allocation of Rs.2,989.24 lakhs for the purchase of medicines and medical equipment, an amount of Rs.3,015.31 lakhs have been expended. Similarly, out of budget allocation made by the State Government, 50,000 Units of Disinfectant Microgen -D 125, 300 Units of Fogger Machine and dispenser have been purchased for Rs.14.74 crore, Rs.5.15 Crore and Rs.19,57,000/ - respectively. Medicines and medical equipment etc. worth Rs.48.58 crore have been purchased from M/s Nand Kishore Fogla. This firm is not the authorized dealer/supplier of medicines. Medicines and medical equipment worth Rs.42.84 crore have been purchased from M/s. J.R.Pharma whereas 15 items worth Rs.11.10 crore have been purchased from M/s Savitri Sales. These two firms are being plied by one and the same person. The above purchase have been made at an exorbitant rates and without ascertaining the requirement and also without observing codal formalities. In some cases, supply orders were not formally placed and the supply was effected on the verbal orders. Information reveals certain instances of preparing false documents to show the consumption of store even before issue/receipt to show excess consumption and distribution of medicines etc.;