RIYAZ KHAN FARIDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) The criminal revision is directed against the order dtd. 18/12/2018 passed in Misc. Criminal Application No.1224 of 2018 arising out of R.C. 11 (A)/09-AHD-R (A) whereby and whereunder the learned Special Judge, C.B.I, Ranchi has rejected the petition of this revision-petitioner filed with the prayer for discharge of the petitioner from the case.

(3.) The allegation against the petitioner is that the petitioner in criminal conspiracy with Mr. Bhanu Pratap Shahi- the then Health Minister, Government of Jharkhand, Dr. Pradeep Kumar- the then Secretary, Health Department, Government of Jharkhand, Dr. Vijay Shankar Narayan Singh, State RCH Officer, Namkum, Ranchi, Mr Prodyut Mukherjee- a member of the tender committee, as well as some private persons ensured that the public servants by abusing their respective official positions, fraudulently and dishonestly purchased medicines, medical equipment; appliances, sundry items etc. used in hospitals from 19 (nineteen) suppliers worth Rs.130,50,79,951.00 without assessing the actual requirement and without observing the formalities necessary to be followed for such purchase, at inflated rates causing a wrongful loss to the tune of Rs.31,68,50,746.00 to the Government of Jharkhand and corresponding gain to the petitioner and co-accused persons. There is specific allegation against the petitioner that as a part of conspiracy, though the petitioner through his company was not able to participate in the said tender as the company of the petitioner was not qualified to participate in the said tender because the return of his company in the name and style of M/s Microgen Private Limited was much less than the minimum required return of Rs.15.00 crore, engaged the co-accused Nand Kishore Fogla through the co-accused Rajesh Kumar Fogla being the partner of the firm M/s Nand Kishore Fogla and ensured that the said firm M/s Nand Kishore succeeds in the tender process with the illegal acts of the co-accused person public servants; by ensuring that other firms who submitted the tender are made ineligible because of stringent conditions put by the co-accused public servants who facilitated the said M/s Nand Kishore Fogla succeeding in the tender process for procurement of the different items. There is also allegation against the petitioner that the petitioner had a meeting in a hotel of Ranchi with the co-accused Dr. Vijay Shankar Narayan Singh, Madan Mohan Prasad, Rajesh Fogla and though the petitioner claims that he has not signed the tender documents but during the investigation the tender documents were found to be signed by the petitioner and thus, it is alleged in the charge-sheet that the petitioner, in criminal conspiracy with the co- accused persons, has cheated the Government of Jharkhand by adopting the said modus operandi. There is further allegation against the petitioner that the petitioner offered the rate of Rs.1,650.00 per litre of the disinfectant to the Government of Jharkhand but after taking over the charge of Health Secretary, co-accused Dr. Pradeep Kumar, the petitioner conspired with the co-accused Dr. Pradeep Kumar and other officials of Health Department of the State of Jharkhand and in pursuance of the said criminal conspiracy an order to purchase only Microgen make Disinfectant (D-125)( a product of the company of the petitioner), Fogger Machines and Dispensers by all the hospitals and officers of the State of Jharkhand was issued 28/6/2008 by the co-accused public servants. The petitioner was instrumental in cancellation of earlier tender in which the petitioner offered the rate of Rs.1,650.00 per litre of the disinfectant to the Government of Jharkhand and in re-tendering process, the petitioner authorized M/s Nand Kishore Fogla to participate in the tender for Microgen products. The said M/s Nand Kishore Fogla was involved in the conspiracy with the co-accused public servant, by changing his earlier authorized organization M/s Siddhi Vinayaka Agency of which Mr. Krishna Kant Pandey was the proprietor, to participate in the tender for Microgen products and the co-accused persons, in pursuance of the said criminal conspiracy imposed strict financial criteria to eliminate other prospective bidders to favour M/s Nand Kishore Fogla at a much higher price than the said petrol price of ₹ 1650/-per litre, quoted by the petitioner in the earlier tender. The petitioner with the co-accused Dr. Vijay Shankar Narayan Singh, Madan Mohan Prasad, Rajesh Kumar Fogla and Kunj Bihari Goyal had a joint meeting to give final shape of the modus operandi of the deal. The said meeting was arranged in a room of a hotel at Ranchi in the evening of 28/7/2008 and the petitioner was in occupation of the room in the same hotel on the fateful day. The investigation further revealed that the claim of the petitioner that he did not participate in the tender was found to be false as it has come during the investigation that the petitioner attended the tender and quoted L-3 rates on 16/8/2009. It was also found during the investigation that the signature appearing on technical evaluation comparative chart is that of the petitioner and several persons have seen the petitioner signing on the technical evaluation comparative chart. Further, the active complicity of the petitioner in the offence is apparent as the petitioner purchased Bank Guarantee for Rs.5,00,000.00 favouring RCH Officer, Department of Health and Family Welfare, RCH Complex, Namkum, Ranchi, Jharkhand from the Bank of India, Santa Cruse (West) Branch, Mumbai for biding in Tender Number 23/RCH (tender) 2008. The Government Examiner of Questioned Document of Central Forensic Science Laboratory, New Delhi has also confirmed the writing and signature of the petitioner on technical evaluation comparative chart on the tender. It was further found during the investigation that the petitioner also manipulated in the stock transfer notes of company through which the materials were delivered. The petitioner allegedly issued ante-dated stock transfer note for Fogger Machines when the investigation of C.B.I. was in progress. The officials of Health Department have deliberately destroyed the original technical and price bids of the tender. There is further allegation that the petitioner in criminal conspiracy with the co-accused Rajesh Kumar Fogla intentionally quoted higher rates for disinfectant, fogger machine and dispenser in the quotation submitted on behalf of M/s Microgen Hygiene Private Limited just to accommodate Rajesh Kumar Fogla. The undisputed fact remains that M/s Nand Kishore Fogla had purchased all the items from none else than M/s Microgen Hygiene Private Limited, Mumbai at the rates substantially less than the rate quoted by the petitioner on behalf of M/s Microgen Hygiene Private Limited and the investigation further reveals that just before submitting the quotations, the petitioner had a meeting with Dr. Vijay Shankar Narayan Singh, Madan Mohan Prasad and Rajesh Kumar Fogla in a hotel at Ranchi where it was decided to pave the way for award of contract to M/s Nand Kishore Fogla. C.B.I. further collected evidence to establish that the co-accused persons by awarding the tender at exorbitant rates in favour of M/s Nand Kishore Fogla caused wrongful loss to the tune of Rs.13,62,13,600.00 and corresponding gain to themselves and others.