New Delhi, November 1: A Delhi court has discharged former Central Drugs Standard Control Organisation (CDSCO) official Dr S. Eswara Reddy and three other accused in a Central Bureau of Investigation (CBI) corruption case, holding that the material placed on record did not make out a prima facie case to proceed against them, news agency ANI reported on Sunday.

Source: ANI via Daily Prabhat

Special Judge (PC Act) Vishal Pahuja of the Rouse Avenue Courts discharged Dr Eswara Reddy, Animesh Kumar, Guljit Sethi alias Guljit Chaudhri and Praveen Kumar Lakshminarayana alias L. Praveen Kumar. In the detailed order pronounced on October 31, the court said the allegations made by the CBI did not give rise to suspicion, “leave alone the grave suspicion”, required to proceed with a criminal trial, and that there was insufficient material to prima facie establish the alleged criminal conspiracy among the accused or the offences invoked in the charge sheet.

Dealing with the allegations against Dr Reddy, a former joint drug controller at CDSCO, the court found that the prosecution material did not prima facie establish the essential allegations concerning demand and acceptance of an undue advantage, and that the material relating to the alleged recovery of money was also insufficient. It further held that the prosecution had not placed sufficient material to show that the public servants had performed their official duties improperly or dishonestly in return for an undue advantage.

The court also held that the intercepted call recordings relied upon by the prosecution could not be considered as evidence because of violations of the provisions of the Indian Telegraph Act and its rules, and found no prima facie illegality in the processing of applications and the alleged changes in the recommendations of the Subject Expert Committee. On Animesh Kumar, the court noted that the charge sheet did not specify the date, time or place of the alleged payment of Rs 30,000, and found no substantial material against him; the material against Guljit Sethi and Praveen Kumar was likewise held insufficient to frame charges.

The 2022 case behind the order

The case dates back to 2022, when the CBI arrested Reddy in a bribery case linked to Bengaluru-based Biocon Biologics Ltd. The agency had alleged that a bribe was sought for favourably recommending the company's Insulin Aspart injection file, including a waiver of Phase-3 clinical trials — allegations the accused denied and which the court has now held were not prima facie established. Mint, which reported the 60-page order, noted that Reddy had been shortlisted for the top post of Drug Controller General of India (DCGI) in 2022, and that queries sent to the Health Ministry, Biocon, CDSCO and CBI spokespersons remained unanswered at the time of its publication on Saturday evening.

Source: Mint via Tech Word News

Observing that mere suspicion is not sufficient to put an accused to trial and that the material must give rise to grave suspicion, the court discharged all four accused under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, corresponding to Section 227 of the erstwhile Code of Criminal Procedure.

Source: ANI via Indian Economic Observer