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Spurious drug scandal: Charge-sheet filed against 16 accused

KT NEWS SERVICE. Dated: 6/21/2013 4:17:15 PM

JAMMU, June 20: Crime Branch, Jammu, has filed charge-sheet against 16 accused, including Government Medical College, Jammu, former Principal Dr Anees Chowdhary and former Director Health Dr Madhu Khullar in the spurious drug case.
The case was referred to the crime branch by the Commissioner-Secretary to health and medical education department.
Crime branch during course of investigation had established that the accused-Ashok Kumar Raina, Amardeep Raina and Akhil Kumar Gadoo - have dishonestly and fraudulently prepared fake and fictitious documents, including partnership deeds and rent deeds of bogus firms. The accused managed to get the fake firm registered with the Government Medical College, Jammu, as a supplier firm, with fake documents which were made and obtained in connivance with other accused associated with some pharmaceutical companies located outside the state.
The charge-sheet said the accused in conspiracy with members of the purchase committee 2, got the approval of rate contract for supply of Maximizin-625 mg tablets produced by Medley Pharmaceuticals to the health department.
The drug was produced by Sanative Pharmaceuticals, Selequi, Dehradun, and supplied to the health department which was later found spurious.
Those found involved in the scam included Dr Anees Chowdhary, son of F A Chowdhary resident Opposite Church Gate, Residency Road, Jammu, Sunil Gupta son of B K Gupta of 132/5, Channi Himmat, Jammu, Dr Madhu Khullar wife of lat Rajesh Khullar of H No 159 A/D, Gandhi Nagar, Jammu, Lotika Khajuria wife of Dr Vipin Koushal of Last Morh, Gandhi Nagar, Jammu, Reva Gupta daughter of K L Gupta of 482, Last Morh, Gandhi Nagar, Jammu, Joginder Kumar son of G L Sharma of 749, Rajpura Mangotrian, Jammu, Ashok Kumar Raina and Amardeep Raina sons of Bhasker Nath Raina of 436-A, Vinayak Nagar, Sector 2, Muthi, Jammu, Akhil Kumar Gadoo son of I K Gadoo of 109, Lane Number 10, Tomal Colony, Bohri, Jammu, Dr A K Sharma son of Surinder Nath of 232/6, Channi Himmat, Jammu, Dr S C Khajuria son of Dina Nath of Indira Chowk, Subash Nagar, Jammu, Prem Prakash Barnwal son of Ganesh Prasad of Tilak Road Chah Mukhi Chauraha, Deoria (UP), Director Sanative Pharmaceuticals, address U-58 II floor Street number 4, Upadhay Block Shakarpur, Delhi 92; his wife Manjula Barnwal, Manoj Kumar Agarwal, son of Krishen Murari Aggarwal of 305, Shankar Apartment, East Boring Canal Road, Patna, Bihar, Production Chemist Sanative Pharmaceuticals, Rahul Kumar Singh Mukesh Agarwal, Zubair Ahmad and Neeraj Agarwal.
Crime Branch had filed a charge-sheet in the court of Special Judge Anti-Corruption Jammu today and it has approached the government for according sanction for prosecution against accused serving government officials. However, challan against some government officials could not be filed for want of government sanction for launching prosecution against them, as all these persons are still in active government service, for which the matter is separately being taken up with the government for accord of sanction and supplementary charge-sheet against all the four accused Dr Madhu Khullar, Lotika Khajuria, Reva Gupta and Joginder Kumar shall be filed accordingly. The departmental action is also being recommended against the members of the verification boards constituted by various units, on account of lapses on their part found during the course of investigation. Court after entertaining the challan has directed listing of the matter on June 29, 2013 for further proceedings.
Official reports said that a case FIR number 10 of 2013 under section 274, 420, 465, 467, 468, 471 and 120-B/RPC r/w section 5(2) PC Act Svt 2006, which was registered in Police Station Crime Branch, Jammu in connection with the supply of spurious drug to various Government Health Institutions of the state and investigation whereof was directly being supervised by Inspector General of Police, State Crime Branch.
The instant case was registered on the basis of report of enquiry conducted by a committee constituted by the government with regard to supply of spurious drug “Maximizin-625 mg” tablet (Amoxicillin Trihydrate IP and Potassium Clavulanate Diluted IP). The enquiry conducted by the committee revealed that Lifeline Pharmaco Surgicals had participated in the tenders floated by the government for the supply of various drugs including Maximizin-625 mg tablets, (Amoxicillin Trihydrate IP equivalent to Amoxicillin 500 mg and Potassium Clavulanate Diluted IP equivalent to Clavulanate Acid 125 mg). The firm Lifeline Pharmaco Surgicals, 130/4 Dream City, Muthi, Jammu had quoted the rate of Rs 428.40 for 100 tablets (10 strips of 10 tablets each) manufactured by Medley Pharmaceuticals.
The firm had submitted various documents including authorization certificate purportedly issued by Medley Pharmaceuticals with the tender documents. The rate quoted by Lifeline Pharmaco Surgicals was found the lowest by the Purchase Committee-II, constituted by the government, and accordingly the rates were approved and rate contract order was issued in favour of the supplier firm whereupon supply orders were issued by the indenting units for the supply of 2,65,000 tablets of Maximizin-625 mg. The same were supplied by the supplier alongwith an in-house testing/analytical report purportedly generated by AFFY Parenterals, showing quantity of tablets manufactured under Batch number BPT 1583 as 2,50,000.
However, the tablets supplied under the same Batch number were 2,65,000. It also came to fore that Medley Pharmaceuticals had not issued any authorization to Lifeline Pharmaco Surgicals and that Proprietors of Lifeline Pharmaco Surgicals had entered into the tendering process and supply of drugs by producing fake and fabricated authorization certificates and reports of the original manufacturer without any legal authorization.
The firm had supplied spurious drugs in connivance with the officers/officials of the Purchase Committee-II constituted by the government who without verifying the tender documents and credentials of the supplier approved the rate contract by abusing their official position thereby causing wrongful gain to the suppliers and themselves and wrongful loss to the state exchequer.
During the course of investigation, the records pertaining to the case were collected from various offices and statements of the prosecution witnesses recorded. The investigation established the guilt of the accused persons who entered the tendering process, though they were not legally eligible, managed approval of the rate contract from the Purchase Committee-II and then obtained supply orders for the supply of the drug, but ultimately supplied the spurious drug intentionally and deliberately knowing very well that the said drug was not manufactured by its original manufacturer Medley Pharmaceuticals, but was got illegally manufactured by them through a Pharma company situated at Dehradun, with the active connivance of other accused persons. While ascertaining the role of the members of the Purchase Committee-II which was of paramount significance, it was found that the Purchase Committee-II facilitated the commission of the instant crime.
NIT was issued on the directions of the government and a team of senior officers was constituted by the government not only for the sake of constitution, but with the sole objective that such senior officers shall act as prudent persons and carry out the directives of the government bonafidely and discharge their duties in a most professional manner in order to procure different items for the maintenance of the Public Health Care System and prevent loss to the State exchequer. The manner and attitude in which the Purchase Committee-II has been found to have acted in the instant case besides others, speaks volumes about their criminal attitude towards their lawful duties entrusted by the government.
The guidelines, terms and conditions of the NIT were thrown to winds and ineligible firms were conferred benefits through approval of their rate contracts, despite the fact that grave discrepancies occurred in their tender documents, which were of utmost importance and were required to be implemented in letter and spirit as the matter concerned the procurement through public exchequer and thus all the required standards had to be maintained, but the conduct of Purchase Committee-II in dealing with all the cases clearly shows that all steps were taken deliberately and intentionally in sheer abuse of their official position in order to facilitate the crime obviously to have wrongful gains for themselves as well as the supplier firms including the firm of the accused, and in order to cause wrongful loss to the state exchequer.
As the decision to approve the rate contracts was unanimous, as is reflected in the records (minutes of the meetings) all the members were found liable to be prosecuted for their criminal misconduct for facilitating the crime.