V.K. RAJAN, DR. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.A.No.405/2017 is the first accused and the appellant in Crl.A. No.402/2017 is the second accused in the case C.C.No.02/2010 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram.

(2.) The first accused was the Director of Health Services, Kerala during the period from 06.08.1999 to 31.12.2004. The second accused was the District Medical Officer, Thiruvananthapuram during the period from 22.11.2000 to 28.09.2001 and from 09.10.2001 to 19.06.2003. The third accused was the Store Keeper, Store Verification Team, Thiruvananthapuram during the period from 09.10.2001 to 19.06.2003. The fourth accused was the Pharmacist in the Store Verification Team, Thiruvananthapuram during the period from 08.10.2001 to 10.02.2004.

(3.) The prosecution case is as follows: Accused 1 to 4 and late Sri.Augustine Thomas, who was the Store Superintendent (Health) in the District Medical Store, Thiruvananthapuram, entered into a criminal conspiracy to unnecessarily purchase Hepatitis B vaccine from M/s. Serum Institute of India Limited, M/s. Shantha Biotechnics (Private) Limited and M/s. V.H. Bhagath and Company, thereby allowing these companies to gain pecuniary advantage. Pursuant to such conspiracy, Sri.Augustine Thomas persuaded the pharmacists and the medical officers in the Thiruvananthapuram District to place indents for supply of more quantity of Hepatitis B vaccine than actually required. In connivance with the other accused, Sri.Augustine Thomas forged records and indents for this purpose. The third and the fourth accused forwarded the forged indents to the second accused with their recommendation for purchasing huge quantity of Hepatitis B vaccine. The second accused, who very well knew that there was no vaccination schedule or immunization programme against Hepatitis in the district and that the quantity of vaccine proposed to be purchased was more than the requirement, placed supply orders for purchasing huge quantity of it. She did not care to see that the vaccine was purchased and supplied only as per the requirement of the medical institutions. She forcibly distributed the vaccine to the medical institutions under her control and made the entire vaccination programme a failure. The first and the second accused did not take action against the faulty administration of vaccine which was reported to them. The accused caused a loss of Rs.1,49,17,280/- to the Government, being the price of the vaccine supplied by the companies. Thus, the accused committed the offences punishable under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 465, 468, 471, 477A and 120B of the Indian Penal Code.