Final Order 2

Order Details: COPY OF ORDER
Pdf Text: FIR No. 01/2024
PS ACB, Delhi
Bail Application No. 37/2024
Gaurav Chadha vs GNCT of Delhi [Health and Welfare
Department (Vigilance Branch)]
16.03.2024
Present bail application u/s 438 Cr. PC dated 14.03.2024
is taken up by the undersigned being 2nd Link Judge to the Court of
Ld. Special Judge (PC Act) ACB-01, RADC, New Delhi and 1st Link
Judge is stated to be on leave today.
Present: Sh. Ajit Kumar Srivastava, Ld. Chief Prosecutor for ACB
along with IO/ACP Jarnail Singh.
Sh. Manu Minocha and Ms. Abhishree Kumar Ld.
Counsels for applicant Sh. Gaurav Chadha.
ANTICIPATORY BAIL APPLICATION U/S 438 CR.
PC DATED 14.03.2024 IN CONNECTION WITH ANTI
CORRUPTION BRANCH POLICE STATION REGISTERED
AS FIR NO. 01/2024 U/S 7A OF THE PC ACT R/W 420, 467, 468,
471, 120-B AND 34 OF IPC AND SECTION 18 OF THE DRUGS
AND COSMETICS ACT.
Reply filed by IO/ACP Sh. Jarnail Singh.
Copy supplied to Ld. Counsel for applicant.
As per the reply, this case pertains to illegalities
committed in supply of items by various suppliers/firms in
government run hospitals in Delhi. On 18.08.2023 vigilance/H&FW
Department, GNCTD checked various surgical items in hospitals of
GNCTD and on testing by government approved labs, the surgical
items were found to be sub-standard/failed resulting in registration of
present case. The investigation so far has shown that different
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firms/alleged suppliers had supplied requisite items through GeM
portal without certificates from government approved labs which are
vital for sanctity of transactions. So far 10 accused persons have been
arrested on 13.02.2024 and 14.02.2024. One Harneet Singh Bindra
was arrested on 14.02.2024 who was associated with two deliveries of
hand sanitizers cans and IV sets to DDU Hospital and is still in JC.
This applicant has been an employee of accused Harneet Singh Bindra
and has been assisting in taking and providing items and documents to
the hospitals.
A perusal of the reply filed shows that the role of the
applicant is still to be checked on the issue of complicity with his
employer Harneet Singh Bindra, who is in custody since 14.02.2024.
The reply mentions that the details disclosed by accused
Harneet Singh Bindra and available in the mobile phone of applicant
are to be examined in presence of the applicant and hence his presence
is required in investigation.
It is further mentioned that the role of the applicant is still
to be established, after due investigation on all aspects. It is also
mentioned that the present application is at pre-stage and hence pre-
mature.
Considering the fact that there is no apprehension of
arrest at the moment, the application is disposed of with directions that
in the event of role of applicant surfacing in this case, the IO will issue
four days notice to the applicant before taking any coercive action
against him.
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This Court has observed that the applicant joined
investigation on 07.02.2024 and 09.02.2024. But thereafter according
to the applicant also, he was given notice to join investigation on
20.02.2024 but he did not joined investigation on said date.
It is directed that the applicant shall join investigation as
and when so directed by the IO of the case.
The Ld. Counsel for the applicant also submitted that the
applicant will regularly and punctually join investigation as and when
directed by the investigating agency without seeking any
postponement.
This Court has seen the notice dated 09.03.2024 issued to
this applicant u/s 91 Cr. PC/160 Cr. PC.
By way of word of caution to Investigation Agency, their
attention is drawn to Standing Order No. 109 of 2020 dated
04.06.2020 (Procedure for Issuance of Notices or Orders by Police
Officers) issued by the then Commissioner of Police, New Delhi. This
Standing Order is also available in the judgment of the Hon'ble Delhi
High Court in Cont. Cas(C) 480/2020 titled Rakesh Kumar vs
Vijayanta Arya (DCP) and Ors dated 28.10.2021. As per these
Standing Orders, formats for notice u/s 91 Cr. PC (Annexure-B) and
notice u/s 160 Cr. PC (Annexure-C) are provided which are to be used
during investigations.
The format of notice u/s 91 of Cr. PC provided in the
Standing Order is as under:
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The notice given to the applicant u/s 91/160 Cr. PC
mentions that he has already deposited his mobile phone by joining
investigation.
As per the format of notice u/s 91 of Cr. PC provided
with Standing Order No. 109 of 2020, the applicant ought to have
been given copy of seizure memo/production memo as per which his
mobile was seized by the Investigating Officer during investigation.
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Similarly, the format of notice u/s 160 Cr. PC provided as
per the said Standing Order is as under:
Para V, Clause 10 of the Standing Order No. 109 of 2020
mentions that training programmes be especially formulated for Police
Officers and Judicial Officers to sensitize them towards effective
compliance of Section 41(A), 91, 160 and 175 of the Criminal
Procedure Code.
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It appears that due to inadvertence, the Investigating
Agency continued to use the earlier formats of notices u/s 91 and 160
of Cr. PC.
The attention of the Investigating Agency has been drawn
to the Standing Order in question which they have to follow in further
investigations.
With these directions, application is disposed of.
A digitally signed copy of this order be given dasti to the
Ld. Counsel for the applicant as well as Ld. Chief Prosecutor, if so
requested.
(Arun Bhardwaj)
2nd Link Judge/Special Judge, (PC
Act) (CBI), Coal Block Cases-01, RADC
NEW DELHI/16.03.2024.
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