SUJATHA KANCHARLA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The Anti Corruption Bureau has registered present crime vide FIR No.13/RCO-CIU/ACB/2019, dtd. 30/12/2019.

(2.) According to the FIR, the Director General Vigilance and Enforcement, sent an alert Note to the Government vide No.05(C.No.1391/V&E/D2/2015& C.No.1601/V&E/D1/2017, dtd. 6/4/2018 about the irregularities and corrupt activities in the office of Joint Director, Medical, Hyderabad. On the basis of said alert Note, the Director, IMS constituted a Committee on 2/3/2019 and it was found that there were financial discrepancies under the Joint Director, Medical Hyderabad and also the Joint Director, Medical, Warangal. Thereafter, the Government asked ACB to take up the issue and enquire. During the enquiry, the ACB found that A3 who is the Director had issued purchase orders for Lab Kits and Reagents to a tune of Rs.110,63,06,215.00 for the financial year 2017-18 and the purchase orders were found to be issued to in favour of M/s.Legend Enterprises, a shell company of M/s.Omni Medi and M/s.Avantor Performance Materials Private Limited, which occupied most of the purchase order.

(3.) A1, who is the proprietor of M/s.Omni Medi, according to the preliminary investigation, was the kingpin of three business concerns mentioned above. A3 purchased the Lab Kits and Reagents from M/s. Legend Enterprises of which A4 was the proprietor. M/s.Legend Enterprises transacted crores of business with Director, IMS, supplied products of M/s.Hemocue at exorbitant rates than the prevailing market rates. Enquiry further revealed that A1, proprietor of M/s.Omni Medi, A4, proprietor of M/s.Legend Enterprises colluded with the public servants for supplying M/s.Hemocue products. M/s.Omni Health Care of which, A7 is the proprietor was purchasing the products from M/s.Hemocue. However, the said products which were supplied to M/s.Omni Health Care of A7 by M/S Hemocue, the same products were supplied by M/s.Legend Enterprises of A4, to Director IMS. In fact, M/s. Legend Enterprises is a fake/shell company of A1. Further, it was found that the purchase of material was contrary to the guidelines of the department and exorbitant rates were paid. A3, who is the Director, IMS colluded with A1, A2 and A4 and several irregularities which are illegal were found to have been committed. Though, there was no requirement of Lab kits, purchases were made at exorbitant rates without following the procedure of open tenders. There was heavy transfer of money from A4's firm to A1's firm. Briefly on the said findings during preliminary enquiries on the basis of alert note by government and the consequent committee findings the FIR was registered.