STATE OF RAJASTHAN Vs. J P SHARMA

JUDGEMENT

(1.) THIS is a State appeal against the judgment dated February 8, 1973 passed by Special Judge, for Rajasthan, Jaipur city, in Special Criminal Case No. 19/71 acquitting the accused-respondents of the charges under Sections 120 (b), 420, 461 I. P. C. and under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947.

(2.) IN the year 1964 the accused Dr. J. P. Sharma was posted as Assistant Director, Health Services, Udaipur and accused Nathu Lal was then Personal Assistant to the Principal, Ravindra Nath Medical College, Udaipur. Accused Shyam Sunder Kabra at that time was a partner of M/s. Hansa Medical Hall, Johari Bazar, Jaipur. Under the scheme then in force indents for the purchase of medicines for various Government hospitals vised to be placed by the Assistant Director, Health Services with the sole distributors. The medicines so purchased were cheaper by about 50 per cent than their prevalent market rates. The case of the prosecution is that taking advantage of this difference in rates of the various medicines accused Dr. J. P. Sharma, the then Assistant Director, Health Services, Udaipur entered into the conspiracy with Nathulal Mehta and Shyamsundei Kabra. After placing fictitious indents the delivery of the medicines was taken by the accused persons and those medicines were sold at the market rates at the shop of M/s. Hansa Medical Hall. Jaipur through accused Shyamsunder Kabra. All the three accused persons used to distribute the profit which accrued as a result of the sale of the various medicines. On 11-3-1964 by a telegraphic order Ex. P-99 which later on was confirmed vide order Ex. P-44, an order for 25,000 capsules of Chloromycetin, by an order No. 1209 dated Nov. 30, 1964 (Ex. P-10), for 30,000 capsules of the same medicine was placed with M/s. Spencer and Co. Ltd. , Jaipur and indents were issued under the signatures of Dr. J. P. Sharma. Similarly by an order No. 7405 dated December 18, 1964 (Ex. P-7) an order for 40,000 Entromycetin capsules was placed with Deys Medical Stores Pvt. Ltd. , Jaipur.

(3.) THE case of the prosecution further is that accused Nathu Lal gave the exemption certificate for exemption of octroi duly and this was with regard to the medicines for which the orders referred to earlier were placed with M/s. Spencer and Co. The exemption certificate along with railway receipts were given by Nathu Lal to one Nand, Ram. P. W. 2, peon attached with Principal, Ravindra Nath Medical College, Udaipur. Nand Ram took the delivery from the Railway station and delivered the goods at the house of accused Natlui Lal Mehta. So far as the medicines for which the indents were placed by Dr. J. P. Sharma with Deys Medical Stores, Jaipur are concerned the case of the prosecution is that the goods were received at the office of Assistant Director, Health Services, Udaipur, But it was revealed that an order was not placed for those medicines and, therefore, Deys Medical Stores was informed accordingly. It in turn asked the Assistant Director, Health Services, Udaipur (A. D. H. S.) to send back the medicines. The medicines are said to have been returned vide R. R. No. 99550 dated January 22, 1965 but on March 5, 1965 accused Dr. J. P. Sharma along with one Shahdad Khan. P. W. 14 clerk of his office, went to Jaipur to Deys Medical Stores and took delivery of 40,000 capsules of Entromycetin. Receipt for the medicines was given by Shahdad Khan P. W. 14, to Deys Medical Stores. Accused Dr. J. P. Sharma along with Shahdad, Khan, P. W. 14 then went to M/s. Hansa Medical Hall, Jaipur and Dr. J. P. Sharma is said to have delivered the packet of medicines to accused Shyam Sunder Kabra for being sold at M/s. Hansa Medical Hall. It is further the case of the prosecution that a draft of Rs. 7344/- through State Bank of Bikaner and Jaipur, Branch Udaipur, was sent by Dr. J. P. Sharma to Deys Medical Stores. On the report of the Principal Medical and, Health Officer, Udaipur the matter was investigated and later on the case was investigated by the A. C. D. Jaipur. The investigating officer seized number of documents and specimen writings and signatures of the accused Dr. J. P. Sharma and of accused "nathu Lal were taken by R. K. Agarwal, Magistrate, Jaipur. The specimen writings and signatures so taken and disputed documents were sent for examination to handwriting expert Shri Krishna Charan, P, W. 26, whose opinion was that the writer of the specimen writings and of signatures were the same persons. A charge sheet was filed against the accused persons.