Jharkhand High Court
Riyaz Khan Faridi vs State Of Jharkhand Through Cbi on 5 April, 2012
Author: Jaya Roy
Bench: Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No 3398 of 2011
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Riyaz Khan Faridi ...... ...... ...... Petitioner
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The State of Jharkhand through C.B.I. ..... Opp. Party
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
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For the Petitioner(s) : Mr. Ajit Kr. Sinha Sr. Advocate & Imtiaz
Ahmad, M.K.Sinha, Advocates.
For the C.B.I. : Mr. Md. Mokhtar Khan, A.S.G.I.
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C.A.V. ON 22.03.2012 PRONOUCED ON 5th /04/2012
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Jaya Roy, J. Heard the learned counsel for the petitioner and the learned
counsel for the C.B.I.
2.The petitioner is apprehending his arrest in this case which has been
registered for the offence committed under Sections 120(B)/420/467/468
and 471 of the I.P.C. and under Section 13(2) read with 13(1)(c) & 13(1)
(d) of the P.C. Act, 1988, in connection with C.B.I.Case No. RC
11(A)/2009-AHD-R, pending in the court of A.J.C. Cum Special Judge-I,
C.B.I./A.C.B., Ranchi.
3.The prosecution case as appears in the F.I.R. in brief is that one of the
co-accused Pradeep Kumar, while functioning as Secretary, Health
Department, Govt. of Jharkhand during the period between 2008-09
entered into a criminal conspiracy with other accused persons including
the petitioner and by abusing their respective official position as per
public servant, fraudulently and dishonestly purchased medicines,
medical equipments, appliances, sundry item etc. used in the hospital
from 19 suppliers worth Rs.1,30,50,79,951.74 without assessing the
actual requirement and without observing the codal formalities
prescribed in this regard.
4.The further allegation in the F.I.R. is that for purchasing some of the
items in question, budget allocation for NRHM Scheme was not taken
into account which is manifest from the fact that as against the budget
allocation of Rs.9.56 crore for Sahiyya Kit, an amount of Rs.10.31 crore
was spent as against the budget allocation of Rs.2,989.24 lakhs for the
purchase of medicines and medical equipment, an amount of
Rs.3,015.31 lakhs have been expended. Similarly, out of budget
allocation made by the State Government, 50,000 Units of Disinfectant
Microgen-D 125, 300 Units of Fogger Machine and dispenser have been
purchased for Rs.14.74 crore, Rs.5.15 Crore and Rs.19,57,000/-
2 A.B.A. No 3398 of 2011
respectively. Medicines and medical equipment etc. worth Rs.48.58 crore
have been purchased from M/s Nand Kishore Fogla. This firm is not the
authorized dealer/supplier of medicines. Medicines and medical
equipment worth Rs.42.84 crore have been purchased from M/s.
J.R.Pharma whereas 15 items worth Rs.11.10 crore have been
purchased from M/s Savitri Sales. These two firms are being plied by one
and the same person. The above purchase have been made at an
exorbitant rates and without ascertaining the requirement and also
without observing codal formalities. In some cases, supply orders were
not formally placed and the supply was effected on the verbal orders..
Information reveals certain instances of preparing false documents to
show the consumption of store even before issue/receipt to show excess
consumption and distribution of medicines etc.
5.Mr. Ajit Kumar Sinha, Sr. counsel appearing for the petitioner, has
submitted that the petitioner is not named in the F.I.R. his name has
come in the investigation. After investigation, the I.O of the case has
submitted detail charge sheet and in the said charge sheet, the role
played by the petitioner is mentioned as:-
" Shri Riyaz Khan Faridi in conspiracy with Rajesh Kumar
Fogla, intentionally quoted higher rates for disinfectant,
fogger machine and dispenser in the quotation submitted on
behalf of M/s Microgen Hygiene Pvt. Ltd. just to
accommodate Rajesh Kumar Fogla. Fact remains that M/s
Nand Kishore Fogla had purchased all these items from
none else than M/s Microgen Hygiene Pvt. Ltd, Mumbai at
the rates substantially less than quoted by Riyaz Khan Faridi
on behalf of M/s Microgen Hygiene Pvt. Ltd. Evidence has
then been brought on record to prove that just before
submitting the quotations, Riyaz Khan Faridi had a meeting
in a hotel Capital Residency, Ranchi with Dr. Vijay Shankar
Narayan Singh, Shri Madan Mohan Prasad and Rajesh
Kumar Fogla where it was decided to pave the away for
award of contract to M/s Nand Kishore Fogla".
6. Mr. Sinha, the counsel for the petitioner has submitted that the
petitioner is the Executive Director of M/s Microgen Hygiene Pvt. Ltd.
having its registered office at Mumbai. A tender was floated for purchase
of one lakh litter of Disinfectant, 300 Fogger Machine and 1000
Dispenser by the state RCH office on 07.07.08 in which the petitioner
had decided to participate, however before the Petitioner could have
participated in the tender for supply of disinfectant and fogger machines,
a re-tender was announced with changes in the conditions. Since the
3 A.B.A. No 3398 of 2011
petitioner was not eligible to participate in the tender due to incorporation
of heavy turn over condition etc, the petitioner could not participate in the
fresh/re-tender. In the meantime Mr. Rajesh Fogla had approached to
the petitioner to appoint them as Distributer. The petitioner authorized M/
s Nand Kishore Fogla to quote in the tender for their product and also
indicated the price of the product and made the condition that the supply
to them shall be against their firm order to the advance order payment
and the supply shall be through M/s Sonanchal Enterprises, Ranchi their
consignee agent. Thereafter, the RCH Officer, Namkum Ranchi awarded
work order to M/s Nand Kishore Fogla to supply 50,000 litres of
Disinfectant at the rate of Rs.1200 hundred per liter inclusive all taxes
and 300 pieces of Fogger machine at the rate of Rs.15000/- for each
Fogger inclusive of all taxes and also 1000 pieces dispenser. The
petitioner supplied the aforesaid materials to their Enterprises who
thereafter supplied the same to M/s Nand Kishore Fogla. The supplier
firm M/s Nand Kishore Fogla paid a sum of Rs.1250/- for one liter of
Disinfectant and Rs.15000/- for one piece of Fogger machine. Thus, the
petitioner was never in any conspiracy neither he has played any role in
the commission of the alleged offence.
7. Mr. Sinha has further contended that the allegation in the charge
sheet is that the petitioner had a meeting in the Hotel Capital Residency
with other co-accused and it was decided therefor awarding the contract
M/s Nand Kumar Fogla but there is no material to support the allegation
and the said allegation is totally false and concocted.
8. Mr. Sinha further contended that the petitioner is suffering from
various aliments. Therefore, in the interest of justice and in the facts and
circumstances of the case, the petitioner is entitled to get anticipatory
bail.
9. Md. Mokhtar Khan, the learned counsel appearing for the C.B.I.
has filed a detailed counter affidavit in this case and he has submitted
that earlier the petitioner Riyaz Khan Faridi (the petitioner) had submitted
the profile of his product i.e. Disinfectant (E-125) to the accused Siyaram
Prasad Sinha on 7.5.2008, which was sent to the co-accused Madan
Mohan Prasad. Madan Mohan Prasad after discussion with the
petitioner, put up a proposal for purchase of Disinfectant to the Health
Secretary on 05.06.2008 which was recommended by the accused
Siyaram Prasad Sinha and approved by the accused Bhanu Pratap
4 A.B.A. No 3398 of 2011
Shahi. The petitioner had offered the rate of Rs.1,650/- per litre for
disinfectant which was subsequently intentionally erased in the file. On
the instance of accused Mandan Mohan Prasad two items viz Foger
Machine and Dispenser were added in the proposal alongwith Microgen
made Disinfectant (D-125). Accordingly, open tender for the purchase of
one Lakh (1,00,000/-) litres of Disinfectant (D-125) of Microgen make,
300 pieces of Fogger Machine and 1,000 pieces of Dispenser was
floated vide Tender No.23/RCH/2008 by the State RCH Officer,
Namkum, Ranchi on 07.07.2008.
10. Mr. Khan has further submitted that the petitioner was instrumental
in cancellation of the aforesaid Tender and in the re-tendering the
petitioner authorized to M/s Nand Kishore Fogla participate in the tender
for Microgen Product. Earlier Shri Krishna Kant Pandey proprietor of M/s
Siddhi Vinayaka Agency, Ranchi was authorized to participate in the
tender for Microgen products. The above changes took place, since the
authorities of Health Department were having soft corner with M/s Nand
Kishore Fogla. At the same time stringent financial criteria was imposed
to eliminate other prospective bidders with a view to favour M/s Nand
Kishore Fogla. In continuation of the criminal conspiracy, Dr. Vijay
Shankar Narayan Singh, Shri Madan Mohan Prasad, petitioner Riyaz
Khan Faridi, Shri Rajesh Kumar Fogla and Shri Kunj Bihar Goyal Had a
joint meeting to give final shape of the modus operandi of the deal. The
above meeting was arranged in Room No. 305 of Hotel Capitol
Residency, Ranchi was in the occupation of the petitioner on that day.
11. Mr. Khan has contended that details of the rate for the materials
supplied by M/s. Nand Kishore Fogla is given in para-16 of the counter
affidavit filed in this case. M/s. Fogla has supplied fifty thousand litres of
Disinfectant at the rate of Rs.2948/- per litres and three hundred pieces
of Fogger Machines at the rate of Rs.1,71,722/- each and one thousand
pieces of Dispenser at the rate of Rs.1957/- per Dispenser which is very
exorbitant. In this way a total loss of nearly rupees fourteen crores has
been caused to the Government exchequer.
12. Mr. Khan has submitted that during investigation it has come that
the petitioner had attended the tender and had quoted the L-3 rates on
16.08.2008. It has also come that the signature appearing on technical evaluation comparative chart is that of the petitioner Shri Riyaz Khan Faridi which is genuine and not forged. Faridi was identified by different 5 A.B.A. No 3398 of 2011 officials as well as private persons who had seen him signing on the technical evaluation comparative chart. The GEQD also confirmed the signature of Faridi. Apart from this the petitioner also manipulated in the stock transfer notes of the company through which the materials were delivered Shri Riyaz Khan Faridi issued antedated stock transfer note for Fogger Machines, when the CBI investigation was in progress.
13. Mr. Khan has further contended there are sufficient materials on record that the petitioner is in conspiracy with Rajesh Kumar Fogla quoted higher rates for disinfectant, Fogger machine and dispenser in the quotation submitted on behalf of M/s Microgen Hygiene Pvt. Ltd. just to accommodate Rajesh Kumar Fogla and the said Rajesh Kumar Fogla had purchased all these items from M/s Microgen Hygiene Pvt. Ltd. Mumbai at the rate substantially less than quoted by the petitioner on behalf of M/s Microgen Hygiene pvt Ltd. It has come in the investigation that just before submitting the quotation, the petitioner had a meeting in the Hotel Capital Residency, Ranchi with the accused persons as stated earlier. Thus, it clearly shows that the petitioner had organized a meeting to decide the award of tender at exorbitant and unrealistic rates. It is further come in the investigation that the petitioner had attended the questioned tender proceedings and it was his brain child to get the award of tender at huge exorbitant rates.
14. Mr. Khan has further submitted that prayer for anticipatory bail of several other accused namely Bhanu Pratap Shahi in A.B.A. No. 2130 of 2011, Dr. Pradeep Kumar in A.B.A. no. 2199 of 2011, and Madan Mohan in A.B.A. No.3947 of 2011 have already been rejected by different Bench of this Court.
15. Considering the submissions made by both the parties and as the sufficient materials have come in the investigation which clearly shows the involvement of the petitioner in this offence for which a huge loss has been caused to the Government Exchequer i.e. nearly rupees fourteen crores, I am not inclined to grant anticipatory bail to the petitioner. Accordingly the prayer for anticipatory bail of the petitioner is, hereby, rejected.
(Jaya Roy, J.) SI/-