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Court gives arrest shield to Pharmacy Council president, questions CBI’s evidence
The court pulled up the CBI, pointing that it could not explain its claim that bribes to the tune of ₹5,000 crore had been paid for approvals to pharmacy colleges
NEW DELHI: A Delhi court on Thursday granted anticipatory bail to Pharmacy Council of India’s (PCI) president Montu M Patel in a corruption case registered by the Central Bureau of Investigation (CBI) on the health ministry’s complaint, saying there was a need to strike a balance between personal liberty and a fair investigation.
According to the first information report (FIR) filed by CBI, Patel conspired with others to grant approvals to pharmacy colleges in exchange for bribes.
Special judge Sushant Changotra told the CBI that it hadn’t produced evidence to implicate Patel. “The courts are under bounden duty to strike a fair balance vis-a-vis the protection of personal liberty of an individual/right of an investigating agency for fair investigation,” the judge said.
Changotra added that the court would fail in its duty if Patel’s personal liberty were not protected, especially when the allegations against him were not prima facie supported by any cogent material.
In March 2023, the health ministry’s under secretary complained to CBI about the corruption allegations. A preliminary probe was taken up over the last two years and a casewas registered after the investigation supported allegations of manipulation in the inspection and regulation process of pharmacy colleges.
Earlier this month, CBI carried out searches at Patel’s Ahmedabad residence.
Patel, through senior advocate Vikas Pahwa, moved anticipatory bail before the Rouse Avenue Court, arguing that the allegations against him were ‘malicious’ and were concocted by certain office bearers of PCI over personal enmity.
The court rapped the agency for not being able to produce enough material to seek Patel’s custodial interrogation. “Despite opportunities and having inquired/investigated for more than 2 years and 4 months, the investigating agency has not been able to collect even an iota of material to connect the accused with either of the two co-accused persons or with any other college/authority vis-a-vis the allegations levelled in the FIR,” the court said.
The judge also questioned how the CBI arrived at the figure of ₹5,000 crores - the amount of bribes collected by PCI functionaries. “Despite repeated queries of the court, the IO could not specify as to how he had quoted the bribe amount of Rs. 5,000 crores,” the court said in its order.
The court underlined that the properties worth ₹118 crore identified by CBI could not be connected to Patel, or whether he bought it before becoming PCI president or after assuming the office.
“The said facts at the face of it makes the allegations qua the above stated quantum highly doubtful. The said fact on the contrary also makes one wonder that if such allegations were true, then as to how CBI was not able to find any material to support its allegations even after conducting inquiry/ investigation for more than 2 years and 4 months,” the court noted.
The court said that the Patel had already cooperated in the investigation by joining the probe on the three dates given to him by the IO and that nothing further needed to be recovered from him in custody.
“In the end, it has to be said that the prosecution has not been able to substantiate even a single set of allegations levelled against the applicant. The FIR shows that the allegations have been levelled against the applicant, even though all the decisions were taken by the Executive Body or Central Council consisting of several other members,” the order said.
