R.R.Prasad,J. - (1.) Heard the parties.
(2.) This application has been filed for quashing of the entire criminal proceedings of R.C. Case No. 11(A)/2009AHDR, including the order dated 10/08/2011, passed by the Special Judge, (CBIACB), Ranchi, whereby and whereunder cognizance of the offence punishable under Sections 120B, 420, 467, 468, 471 of the Indian Penal Code and also under Section 13(2) read with Sections 13(1)(c), 13(1)(d) of the Prevention of Corruption Act, has been taken against the petitioner.
(3.) The case of the prosecution is that during financial year 200708, the Health Department, Government of Jharkhand having invited tenders purchased medicines on fixed prices under the scheme known as NRHM. For the financial year 200809 also medicines were purchased after inviting tenders on the rate approved for the financial year 200708 but by that time 'Purchase Preference Policy' had come into force whereby certain medicines were to be purchased compulsorily from the Government manufacturing companies and if the medicines would have been purchased, fixed percentage of discount was admissible but medicines were purchased ignoring the said policy completely, as a result of which, enormous pecuniary loss was caused to the State of Jharkhand whereas public servants as well as private suppliers received wrongful pecuniary gain. It has been further alleged that medicines/equipments/appliances/sundry items to be used in hospital were purchased worth crores of rupees from M/s. Satya Sai Agencies, M/s. J.R.Pharma, M/s. Kalyan Enterprises, M/s. Medhavi Associates, M/s. P.D.P.L, M/s. Annu Enterprises, M/s. Endo Lab, M/s. Hindustan Antibiotics, M/s. U.P.D.P.L, M/s. Savitri Sales, M/s. Hindustan Latex, M/s. Unique Pharma, M/s. Laxmi Medial Agencies, M/s.G.R.Associates, M/s. Prabhat Drug House, M/s.Gaurav Enterprises, M/s. Plasti Surge India Pvt.Ltd, M/s. Nicholas Piramal India Limited and also from M/s. Nand Kishore Fogla, but these purchasers were not at all need based, as quantity of medicines and medical equipments/instruments which were purchased were far more than the actual requirement.;