New Delhi, Jul 24 (PTI) A Delhi court has granted anticipatory bail to Pharmacy Council of India (PCI) president Montu M Patel in an alleged multi-crore-rupee scam, prima facie finding the allegations against him not backed by “any cogent material”.
In an order on July 23, special judge Sushant Changotra said, “The courts are under a bounden duty to strike a fair balance vis-a-vis the protection of personal liberty of an individual and the right of the investigating agency for fair investigation.” The court observed given the facts of the case, where the allegations were “prima facie not supported by any cogent material”, it would fail in its duty if Patel’s liberty was not protected.
The CBI conducted searches at Patel’s premises after he was booked for alleged corruption and systemic irregularities in the inspection and approval processes for pharmacy colleges.
The action against Patel was taken based on the findings of a preliminary enquiry, indicating instances of alleged corruption, control and potential manipulation in granting approvals to colleges, besides initial allegations against him of pre-election inducements and post-election nepotism.
Judge Changotra, however, said the accused had already joined the investigation and he was not at flight risk besides no recovery was to be effected from him and no facts necessitated his custodial interrogation.
The alleged offences, the court said, were punishable with a maximum punishment of seven years.
Despite the court’s queries, it was observed the investigating officer (IO) failed to specify how he had quoted the bribe amount of Rs 5,000 crore and instead said it was arrived at via “secret information” and “media reports”.
The judge said the ownership of the properties worth Rs 118 crore, allegedly purchased by Patel, was not specified, nor were the dates of purchase mentioned.
“Further, perusal of the case diary of the IO vis-à-vis the interrogation of the accused shows that he was not confronted with the aforementioned facts. The said facts on the face of it make the allegations qua the above stated quantum highly doubtful,” the order read.
The court wondered if the allegations were true, how was the agency unable to find any material to support the case despite investigating it for over two years.
He said there was “absolutely no material” to show that Patel took any bribe amount or favour from any person regarding the discharge of his duties.
“The court is constrained to note that the IO/prosecution have not been able to show any cogent material in support of the allegations against the accused,” the court said.
The reprieve was allowed on furnishing a bail and surety bond of Rs 1 lakh each besides saddling Patel with condition that included not tampering with the evidence and joining the investigation whenever required.
The Pharmacy Council of India is statutory body under the central Ministry of Health and Family Welfare. PTI MNR MNR AMK AMK
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