The main legal point established in the judgment is that the investigation under the Prevention of Corruption Act, 1988, should not be interfered with at the preliminary stage unless there is a clear case of abuse of court process or lack of legal evidence to connect the accused with the alleged offence.

R. C. Mishra, J.

1. This common order shall govern disposal of all the three petitions moved under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the FIR leading to registration of a case as Crime No. 7/2009 for the offence punishable under Section 13 (1)(d) read with S. 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act') at Bhopal office of SPE (Lokayukt) and the corresponding proceedings.

2. For the sake of convenience, the petitioners shall be referred to by their respective names.

3. Backgrounds facts may be summed up thus -

(a) New Drug Policy, brought into force by the Public Health and Family Welfare Department, Govt, of M.P. (for short 'PHFWD') w.e.f. 06.06.2006 was required to be followed by the Directorate of Health Services (hereinafter referred to as the 'Directorate') for procurement of drugs to be distributed to various hospitals/public health centers during the year 2007-08. Accordingly, the drugs were to be purchased in a centralized manner and the PHFWD was to be the Nodal Department.

(b) On 20.4.2007, Dr. Ashok Sharma, who was working as Director of Health Services, issued orders to Managing Director, MPLUN (Madhya Pradesh Laghu Udyog Nigam) for supply of medicines and injectables for a total amount of Rs. 16.65 crores (approx), as per requirements mentioned in the indents received from three different departments viz. Department of Medical Education (for brevity 'DME'), Gas Tragedy Relief and Rehabilitation Department (for brevity 'GTRRD') and the PHFWD. These medicines included Antituberculosis Drug namely injection streptomycin (.75 gm), Rifampicin, Isoniazid, Pyrazinamide and Ethambutol, worth Rs. 31, 99, 949/-.

(c) On 4.8.2007, the Joint Director (Tuberculosis) invited attention of the Director, Public Health to the purchase of anti-TB drugs in conflict with the policy laid down by the Central Government in its Revamped National Tuberculosis Control Program (RNTCP). The Director placed the matter before Dr. Rajesh Rojora, the then Health Commissioner, who, in turn, cancelled the supply orders relating to Anti-TB drugs. However, in response to the corresponding letter dated 8.8.2007, the Managing Director, MPLUN reported that all these medicines had already been supplied to various district hospitals in the State.

(d) The purchase of anti-tuberculosis medicines was seriously viewed by the Central Government. Ultimately, on 08.08.2007, Naresh Dayal, Secretary, Ministry of Health and Family Welfare, Govt, of India, wrote a letter to the Chief Secretary, Govt, of Madhya Pradesh, expressing deep concern about purchasing of anti-tuberculosis drug in violation of the undertaking given by the Secretary, Govt, of M.P. on 05.12.2005. The relevant extracts of the letter read thus -

Recently, it has been brought to our notice that the State of MP has purchased anti-TB drugs, which are being supplied to the districts. These drugs are for daily use and thus not as per DOTS strategy. They would allow for prescription by doctors and patients cannot be followed up. Thus, it would lead to Multi-drug resistant TB (MDR TB), which the entire DOTS strategy seeks to prevent. It is, therefore, necessary that these drugs are withdrawn from the districts and an enquiry be made to fix the responsibility for this purchase.

During the field visit by the member of Central TB Division in the month of March, 28th and 29th, 2007 it was observed that there were problems with the management of drugs and logistics at the state & district level. One of the observations was that the state was purchasing inj. Streptomycin (1 gm) supplying it to the districts, when it was already being supplied under the programme. It may also be added that the programme recommends the usage of 0.75 gm of inj. Streptomycin. Feedback on the same was sent by the Central TB division to the State TB Officer through the letter No. T-1801967/ 2005 TB dated 5th April, 2007 with a copy to Director