PANKAJ KUMAR Vs. STATE

JUDGEMENT

(1.) BY this order I proceed to dispose of Crl M. C. No. 1945/07 which seeks the quashing of F. I. R. No. 78/2006 registered at Police Station Anti Corruption branch, Delhi, under sections 420 r/w 120-B of the Indian Penal Code (IPC) and 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act (P. C. Act), and also Crl m. A. No. 11358/07 which has been filed to seek the transfer of the investigation to CBI.

(2.) THE petitioner claims to be the proprietor of M/s Medicare Textiles, a firm stated to be engaged in the business of manufacturing and supplying surgical dressings. The petitioner states that he has been supplying surgical dressings to a number of hospitals, including those falling under the Government of Delhi, for the past 10 years.

(3.) AS per the case of the prosecution, one Sh. Mishri Lal, stated to be the general Secretary of the Lok Nayak Hospital Employees Union, 717, Lok Nayak hospital, New Delhi, made a complaint to the police on 06. 11. 2006 stating that the petitioner herein has been supplying sub-standard material i. e. the surgical gauze cloth to the government hospitals, viz Lok Nayak and Deen Dayal Upadhyay hospitals in conspiracy with the staff of the said hospitals. He alleged large scale corruption in these hospitals. His allegation was that cotton gauze cloth of size 60 cm x 20 mtrs. is being supplied at the rate of Rs. 48. 90 paise in maulana Azad Medical College and Hospital from M/s Brij Textiles. Cotton Gauze size 60 cms. x 20 mtrs. is being supplied by Medicare Textiles at the rate of rs. 48. 90 paise in other Delhi Administration Hospitals, whereas the same is being purchased at Rs. 97. 02 in LNJP Hospital from M/s Medicare Textile. It was further alleged in the said complaint that instead of the size 60 cms. x 20 mtrs. and 90 cms. x 20 mtrs. , gauze cloth of size 45 cms. x 20 mtrs. is being supplied to the LNJP hospital for the last two years since the posting of Shri vinod Ramteke as Medical Superintendent of the said hospital. Allegations were also made in the complaint with regard to supply/repair of some medical equipment by another entity, with which I am not presently concerned. On the basis of this complaint, the Anti Corruption Branch registered the aforesaid FIR bearing No. 78/2006 on 07. 12. 06.