JAMMU: Over a year after the registration of case, the Crime Branch wing of the Jammu and Kashmir on Tuesday charge-sheeted Assistant Scientific Officer of J&K Forensic Science Laboratory (FSL) for preparing a false and fabricated opinion on chemical analysis of Maximizine-625-a drug which was found to be spurious, during a random test of hospital supply.
FIR 21/2013 under section 420,193,218 RPC was registered against the accused Abdul Gani Bhat (Assistant Scientific Officer FSL, Srinagar), resident of Brane Nishata, Srinagar.
The CB has produced the Challan of the case wherein he abused his official position to prepare a fabricated opinion.
Brief facts of the case are that in connection with the investigation of FIR 10/13 registered under section 274,420,465,467,468,471, 120-B RPC r/w section 5(2) P.C Act Svt. 2006 and section 27 Drugs and Cosmetics Act-1940 regarding supply of spurious drug Maximizine-625 mg (tablets) to State Health Department by M/s Lifeline Pharmaco Surgicals, sample of seized unused drug Maximizine-625 mg (tablets), the sample of the same drug was sent to Director FSL, Jammu for chemical analysis, which was tested by Abdul Gani Bhat, Assistant Scientific Officer FSL, Srinagar, camp Jammu, who furnished the report that Amoxicillin Trihydrate and Potassium Clavulanate was found present in the samples, which was contrary to the report furnished by the Drug Testing Laboratory, Dalgate, Srinagar.
In order to have a definite and conclusive opinion, another sample of the said drug was sent to CFSL, New Delhi, wherefrom it was reported that Amoxicillin Trihydrate was not present in the samples.
It transpires from the perusal of the scientific analysis reports that the Assistant Scientific Officer FSL, Srinagar, camp Jammu, Abdul Gani Bhat had intentionally prepared a fabricated opinion with respect to the drug Maximizine-625 mg, knowingly that the same shall be used as false evidence at any stage of judicial proceedings, thereby deceiving the Investigating Agency in order to shield the accused persons from the process of law, in connivance with some other interested persons in the case including the officers/officials of the FSL, J&K, obviously for extraneous considerations thereby abusing his official position.
From the evidence, oral as well as documentary, collected during investigation of the case, the accused person were found to have committed the offences under section 420,193,218RPC and has accordingly been challaned in the Court of law for judicial determination.
M/s Lifeline Pharmaco Surgicals had participated in the tender process flouted by the government for the supply of drugs Amoxicillin Trihydrate IP` equivalent to Amoxicillin 500 mg and `Potassium Clavulanate Diluted IP` equivalent to Clavulanate Acid 125 mg, by quoting the rate for 10X10 tablets @ Rs 428.40 for the drug manufactured by M/s Medley Pharmaceuticals Ltd under the brand name Maximizin-625.
An authorization certificate purportedly issued by M/s Medley Pharmaceuticals Ltd was also produced and the rates quoted by the supplier were found the lowest by the Purchase Committee.
During the probe it was found that the M/s Medley Pharmaceuticals Ltd had not issued any authorization to M/s Lifeline Pharmaco Surgicals and the documents were forged to secure the supply contact. The Purchase Committee-II, without verifying the tender documents and credentials of the suppliers had approved the rate contract by abusing their official position, causing wrongful gain to the suppliers and huge loss to the public exchequer and threatening the lives of the people.
Three persons, identified as Ashok Kumar Raina, Akhil Gadoo and one Amardeep Raina were arrested in this case.