Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DEEPALI SHARMA :
SPECIAL JUDGE: (PC ACT): (ACB-01):
RACC: NEW DELHI
FIR No. 06/2024
PS : ACB
U/s 7/13(2) of Prevention of Corruption Act r/w 419/420/467/
468/469/471/120B/34 IPC
CNR No. DLCT11-000434-2025
Bail Matter No. 133/2025
State Vs Madan Dubey
CNR No. DLCT11-000443-2025
Bail Matter No. 136/2025
State Vs Akram
08.05.2025
Vide this order I shall dispose of two regular bail
applications moved on behalf of applicants/accused persons namely
Madan Dubey s/o Shitala Prasad Dubey and Akram s/o Maeinuddin.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Jatin and Sh. Deepanshu, ld. Counsel for the
applicant/accused Madan Dubey.
Sh. Farooque Malik, ld. Counsel for the
applicant/accused Akram.
IO/ACP Jarnail Singh.
Separate replies filed by the IO.
1. Ld. counsels for applicants/accused persons pray for grant
of regular bail on the ground that they are victims of circumstances
and are innocent. They have co-operated with the investigating
agency and have joined investigation as and when directed. No
recovery is required to be affected from the applicants/accused
persons and they have handed over all the documents to the
investigating agency and as such they are not in a position to influence
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any investigation as the evidence qua them is entirely documentary in
nature. It is argued that section 467 IPC is not attracted in the present
case as the applicants/accused persons are not the makers of the
alleged forged documents. It is urged that vide orders dated
01.05.2025, 03.05.2025, 05.05.2025, 06.05.2025 and 07.05.2025
thirty three co-accused persons, whose roles are similar to the role of
present applicants/accused persons, have already been granted bail in
this case and hence, they seek bail on the ground of parity also. It is
stated that the applicant/accused Akram never used illegally obtained
Pharmacist Certificate either for getting employment or for running
any medical store/firm. It is stated that the applicants/accused
persons are in JC since 03.04.2025 and no fruitful purpose would be
served by keeping the applicants/accused persons behind bars. It is
urged that applicants/accused persons are ready to join investigation in
this case as and when directed by the IO and also ready to abide by all
the conditions whatever would be imposed by the court. It is prayed
that applicants/accused persons be granted bail in this case.
2. On the other hand, it is argued by ld. Chief P.P. for the
State that the allegations against the applicants/accused persons are
grave in nature. It is stated that the applicants/accused persons
knowingly and by paying money to the co-accused persons sought
registration as Pharmacist on the basis of forged documents i.e.
D.Pharma Certificates and Training Certificates. It is stated that the
applicant/accused Madan Dubey used illegally obtained Pharmacist
Certificate for getting employment in a firm. It is prayed that both the
bail applications of the abovesaid applicants/accused persons are
liable to be dismissed.
3. I have heard ld. Counsel for the parties and perused the
replies filed by IO.
4. Prosecution case in brief is that a complaint was filed by
Deptt. of Health & Family Welfare, GNCTD on 30.01.2024 against
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Kuldeep Singh, the then Registrar, Delhi Pharmacy Council (DPC) for
registration of Candidates as Pharmacists, on basis of fake documents.
Thereafter approval u/s 17 A POC Act was obtained from Competent
Authority vide letter dated 23.04.2024 and consequently present case
FIR was registered on 02.05.2024. During investigation it was
revealed that since 2021 a large number of applicants were approved
as Pharmacists on the basis of forged/fake Diplomas in Pharmacy and
training certificates, by co-accused Registrar Kuldeep Singh in
connivance with touts and middlemen, against hefty payments.
5. As per replies filed by the IO, the applicants/accused
persons was approached by different touts co-accused persons and
they were offered fake documents i.e. D.Pharma Certificates and
Training Certificates for their future prospectus against payment of
hefty amount and thereafter those co-accused persons on behalf of
applicants/accused persons uploaded their respective fake documents
on website of DPC for registration as Pharmacist. On the basis of fake
documents and false verification reports, Pharmacist Certificate were
issued to the applicants/accused persons by DPC. It is stated by IO
that on the basis of illegally obtained Pharmacist Certificate,
applicant/accused Madan Mohan got employment in a firm and Drugs
Control Department has issued show cause notices to said firm and
presently said firm has been closed.
6. It is stated by the IO that the necessary documents of the
applicants/accused persons pertaining to Pharmacist registration have
been recovered from the applicants/accused persons and investigation
pertaining to the said documents has been completed.
7. Considering the aforesaid submissions, period of JC; the
fact that no further recovery is required to be affected from the
applicants/accused persons; the fact that the investigation qua the
documents pertaining to their registration with DPC has been
completed; the fact that thirty three co-accused persons, whose roles
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are similar to the present applicants/accused persons, have already
been granted bail and since the investigation in the present case qua
the applicants/accused persons is almost concluded, I deem it fit to
allow the present bail applications. Accordingly, applicants/accused
persons namely Madan Dubey and Akram are admitted to bail on their
furnishing a personal bond in the sum of Rs. 50,000/- each with one
surety each in the like amount subject to following conditions :
(i) That applicants/accused persons shall join
investigation with the IO/SHO concerned as and when
required;
(ii) That applicants/accused persons shall not try to
contact or influence, directly or indirectly, any of the
witnesses of present case and shall not tamper with
evidence;
(iii) That applicants/accused persons shall not misuse
the liberty of bail by indulging in commission of similar
or any other offence in future;
(iv) That applicants/accused persons shall not leave the
country without prior permission of the Court;
(v) That applicants/accused persons shall intimate the
IO/SHO concerned in case of change of their address.
8. Accordingly, both bail applications stand disposed off.
9. Copy of order be given dasti to the IO and be also sent
to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi.
08.05.2025
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