Interim 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
CNR No. DLCT11-000458-2025
Bail Matter No. 154/2025
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
State Vs Amit Kumar Sharma
27.05.2025
This is an anticipatory bail application u/s 482 BNSS,
2023, moved on behalf of applicant/accused Amit Kumar Sharma s/o
Sh. Inderjeet Sharma.
Pr.: Sh. Sukhbeer Singh, ld. Chief.P.P. for the State.
Sh. D.D.Pandey, ld. Counsel for the applicant/accused.
IO/Insp. Yashwant Singh on behalf of IO/ACP Jarnail
Singh.
Reply of IO filed. Copy supplied.
1. Ld. counsel for the applicant/accused prays for grant of
anticipatory bail mainly on the grounds that applicant/accused is
innocent and falsely implicated in this case. It is stated that the
applicant/accused has done a Diploma in Pharmacy and also
completed practical training as referred by the college, under the
Apprentice Master Vinod Kumar of Meerut College of Pharmacy,
Meerut in SVBP Hospital, Meerut. Thereafter applicant/accused
applied for registration with DPC, however his application was
rejected. It is urged that applicant/accused received a notice u/s 160
Cr.P.C. from ACB to join investigation in this case wherein it is
alleged that the practical training certificate issued to
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applicant/accused was fake. It is urged that applicant/accused has
complied the said notice and sent a reply with all the copies of
documents demanded in the notice. It is urged that the
applicant/accused is apprehending his arrest, however, he is ready to
join investigation with the IO as and when directed. It is urged that
custodial interrogation of applicant/accused is not required as he has
already sent requisite documents to the IO. It is urged that
applicant/accused has clean antecedents and there is no apprehension
of his fleeing from justice or tamper with the evidence. It is prayed
that anticipatory bail be granted to the applicant/accused and he is
ready to abide by all the conditions whatever would be imposed by the
court.
2. On the other hand, it is argued by ld. Chief P.P. for the
State that the allegations against the applicant/accused are grave in
nature. It is urged that the applicant/accused applied online for
registration in DPC in which he used fake Practical Training
certificate. It is urged that a notice u/s 160 Cr.P.C. was issued to
applicant/accused to join investigation on 23.05.2025 with relevant
documents including questioned Practical Training Certificate,
however, applicant/accused did not join investigation. It is urged that
custodial interrogation of the applicant/accused is required for
recovery of original fake Practical Training Certificate. Accordingly,
a prayer is made for dismissal of the anticipatory bail application.
3. I have heard ld. Counsel for the parties and perused the
reply 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
Kuldeep Singh, the then Registrar, Delhi Pharmacy Council (DPC) for
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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. From the above discussion, it emerges that a notice u/s
160 Cr.P.C. has already been issued by the IO and the
applicant/accused has stated that he personally did not join
investigation apprehending his arrest, however, he sent a reply with all
the copies of documents demanded in the notice. In these
circumstances, the IO is directed to issue fresh notice u/s 160 Cr.P.C.
to the applicant/accused and the applicant/accused is directed to join
the investigation on the date and time indicated therein. Meanwhile
no coercive steps be taken against the applicant/accused till the next
date of hearing.
6. Re-notify this bail application for consideration on
06.06.2025.
7. Copy of order be given dasti to the ld. counsel for the
applicant/accused and IO.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi.
27.05.2025
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