Excelsior Correspondent
Srinagar, May 7: High Court today quashed FIR filed against Director Health Services, Dr Saleemur Rehman, by Vigilance Organization, Kashmir (VOK), in sub-standard drug purchases.
Justice Ali Mohammad Magrey quashed the FIR (No.32/2012) registered at Police Station, Vigilance Organization, Kashmir (VOK), on November 16, 2012 against DHSK and several others in the purchase of sub-standard drugs.
Justice Magrey observed that the petitioner who joined the office (01.04.2011) when the entire tendering process as well as the contract was complete cannot by any stretch of imagination or any amplified interpretation of Criminal Statutes be held liable in absence of the main conspirators.
“Dropping of the main conspirators from the ambit of conspiracy and the legal embargo placed on vicarious liability disintegrate the fabric of criminal conspiracy”, Court observed.
“Therefore, the allegations made in the FIR, even if accepted to be true in its entirety, are legally not tenable, apart from the legal repercussions of the actions of respondents, the purchase in question appears to be materialized after inviting tenders from CPSE’s upon the instructions issued by Mission Director vide letter dated 12.03.2011 which is on record”, the court observed.
Court further observed that another aspect which cannot be ignored is that there is no departmental enquiry or report to suggest misappropriation of amount entrusted with the petitioner or any expert finding to hold the spuriousness of drugs as asserted in the reply of respondents.
“Moreover, no official from NRHM is bracketed as accused in the list exhibited in letter dated 21.07.2015 of Vigilance Organization to snap their collaboration with the petitioner in the perpetration of alleged offence which further erodes the element of conspiracy otherwise put forth in the FIR. No investigative material has been brought on record by the respondents to suggest the pecuniary gain derived by the petitioner while misusing his official position or diversion of funds beyond contracted rates”, Court said.
“The FIR, impugned in this petition, is registered with regard to the transaction of purchase of drug kits under National Rural Health Mission Scheme, by the Directorate of Health Services, Kashmir, for the year 2011-2011, against the petitioner, the then Director Health Services, Members of the tender opening Committee, officers/ officials of the NRHM, Members of the Verifying Committee and Suppliers”, court said.
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