LALLUKHUM FIMATE Vs. CBI, ACB-IMPHAL BRANCH

JUDGEMENT

(1.) This criminal petition has been filed by the petitioner under Sec. 482 Cr.P.C. to quash the order dtd. 8/9/2017 passed by the learned Special Judge (PC) Act, Imphal West in Special Trial (PC) Case No.12 of 2016 and charges framed against him and the FIR in RC IMPH 2014 A 0005 YEAR 2014 registered under Sec. 120-B/420 IPC and Sec. 13(2) read with Sec. 13(1)(d) of P.C. Act.

(2.) The petitioner Dr. L.Fimate is the first accused in Special Trial (PC) Case No.12 of 2016.

(3.) The case of the prosecution is that the CBI, ACB, Imphal received information from a reliable source to the effect that in the year 2006, the Department of Radiotherapy, RIMS, Imphal received a project grant of Rs.5.00 crore for Regional Cancer Centre Project from the Ministry of Health and Family Welfare, Government of India and that Dr. L.Fimate, the then Director, RIMS, Imphal (now retired) and Dr. Th.Tomcha Singh, Professor of Head of Department (Radiotherapy), RIMS, Imphal in conspiracy with each other and some unknown private persons and by abusing their official positions made undue favour to 6th respondent firm - M/s.MDS Nordion, Canada, through its Indian based dealer M/s.Kirloskar Theratronics Private Limited in purchasing Telecobalt machine flouting all norms. It has been found that Telecobalt machine was purchased at a very high price from Canada based company through its India based dealer M/s.Kirloskar Theratronics Private Limited ignoring low price quoted by M/s.Panacea Medical Technologies Private Limited representing Bhabha Atomic Research Centre [BARC], which had developed similar type of machine having similar specifications satisfying all the requirements of RIMS Hospital, Imphal. The specification of BARC machine was identical except for one or two points. For these points also M/s.Panacea Medical Technologies Private Limited has submitted that they will incorporate those features in their machine. The cost of the machine quoted by M/s.Panacea Medical Technologies Private Limited was Rs.1.59 crore including all taxes whereas the cost of the machine quoted by M/s.Kirloskar Theratronics Private Limited representing M/s.MDS Nordion Canada was Rs.2.47 crore excluding taxes of around Rs.20.00 lakh. Thus, there was a price difference of more than Rs.1.00 crore for which there is no proper justification incurring this additional expenditure except for causing undue favour to private party. Further, as per the contract, 10% of the price was to be released to M/s.Kirloskar Theratronics Private Limited only on the installation of the machine. However, the accused officials released this 10% amount also to private party without installation of the machine, thus causing undue favour to the private party and corresponding loss to the Government. From the facts and circumstances, it is apparent that Dr. L.Fimate, the then Director, RIMS, Imphal (now retired) and Dr. Th.Tomcha Singh, HOD (Radiotherapy), RIMS, Imphal conspired with each other and in furtherance thereto abused their official positions to cause undue favour and pecuniary advantage to RIMS dishonestly and corresponding loss to the Government. The aforesaid facts and circumstances, prima facie, disclose the commission of offences punishable under Sec. 120-B, 420 IPC and Sec.13(2) r/w 13(1)(d) of PC Act, 1988 on the part of accused persons Dr. L.Fimate, the then Director, RIMS, Imphal (now retired) and Dr. Th.Tomcha Singh, HOD (Radiotherapy), RIMS, Imphal and unknown others. Hence, a regular case in REIMPH 2014A0005 of 2014 was registered and the case was taken up for investigation by the CBI.