Delhi court flags lapses in ACB probe into Rs 700 crore medical procurement scam

New Delhi: A Delhi court has flagged serious procedural lapses in the Anti-Corruption Branch’s (ACB) investigation into the alleged Rs 700-crore medical equipment procurement scam, noting that a case diary appeared to reproduce entries from the previous day and that two disclosure statements of the key accused were undated.

Special Judge Vidya Prakash of the Rouse Avenue Court, in an order dated September 29, directed the ACB's Joint Commissioner of Police (JCP) to take “remedial measures” to ensure that the investigation remains fair, impartial and independent, reports the Daily.

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The court observed that Case Diary 94, dated September 27, appeared to reproduce substantial portions of Case Diary 93, dated September 26. The earlier diary recorded the key accused accompanying the Investigating Officer and his team to several locations in Karnal, Haryana, before they returned to Delhi the same day.

However, the September 27 diary stated that the key accused had led the team to locations in Rishikesh, Uttarakhand, while remaining “completely silent” about the proceedings allegedly conducted there. The court said the similarity between the two diaries gave the “impression” that material portions of the September 26 entry had been “pasted” into the subsequent case diary.

“…a careful perusal of the contents of case diary 93… and 94… would reveal that material portion of both the said case diaries are identical…,” it observed.

Case diaries are maintained by investigating officers to record the progress and proceedings of an investigation. The court's observations therefore raise questions about the manner in which the investigation was being documented.

The second lapse concerned the key accused’s questioning. According to the court, the police file showed that he was interrogated by ACP Singh on September 25 and 28. “However, both the said disclosure statements, which are styled as ‘Additional Disclosure Statements’, do not bear the date(s) on which they were purportedly recorded,” it said. In criminal proceedings, the exact date and time of a statement are critical to show it was recorded legally, during custody and without coercion. This was not the court’s first warning. It noted that it had previously expressed displeasure over the “mode and manner” of the investigation and had directed the JCP to closely and personally monitor the probe, reports Indian Express.

Despite those directions, Judge Prakash observed that there appeared to have been no meaningful change in the conduct of the investigating officer.

The judge said the court's earlier detailed observations appeared to have “not yielded any result” and that the investigating officer had not “mended his ways and conduct” in relation to the investigation.

Despite those directions, Judge Prakash observed that there appeared to have been no meaningful change in the conduct of the investigating officer.

The judge said the court's earlier detailed observations appeared to have “not yielded any result” and that the investigating officer had not “mended his ways and conduct” in relation to the investigation.

The ACB is investigating alleged irregularities in the procurement of medicines, surgical items, medical equipment and other consumables by the Directorate General of Health Services (DGHS) and the Central Procurement Agency (CPA), which supplies medicines and medical equipment to Delhi government hospitals and healthcare facilities.

The agency filed its chargesheet on September 16, naming the former DGHS chief, former CPA officials, and two private entities. The ACB alleges that procurement rules and procedures were manipulated to provide undue advantage to selected suppliers and cause losses to the government exchequer.

According to the ACB, the accused allegedly violated procurement rules and procedures to make illegal gains and cause losses to the state exchequer. The agency has alleged that the key accused submitted bids through purportedly fake companies and conspired with public servants to manipulate tender conditions and specifications.

The ACB has further alleged that tender requirements, including experience and performance criteria, were tailored to discourage other bidders and facilitate the alleged diversion of government funds.

Medical Dialogues had previously reported that the Delhi Anti-Corruption Branch (ACB) has arrested a pharmaceutical distributor in connection with an alleged Rs 700-crore fraud involving the procurement of medical equipment and hospital consumables for government hospitals.

According to ACB, the key accused’s questioning brought to light the “role of other public servants and private persons”. On June 30, after being granted anticipatory bail in an extortion case, the accused allegedly left the country. The ACB arrested him on September 24 after he returned from the US and surrendered, reports Indian Express.

Also Read:Rs 700 crore medical procurement fraud: Delhi ACB arrests pharma distributor