Court upholds IO's final report in face mask case
Source: Chronicle News Service

Imphal, December 23 2021: The court of special judge (Prevention of Corruption Act), Imphal West on Wednesday observed that there is no sufficient evidences to take cognizance of any offences in the case regarding supply of sub-standard face masks to the state health department while accepting the final report submitted by the investigating officer.

The court conducted the final hearing of the case filed against senior MO, CMS, MD Lamphel Dr M Dinesh and proprietor of five firms, which supplied the sub-standard masks, after the investigating officer submitted the final report on November 18.In the month of March-April, 2020, the medical directorate procured 52,100 pieces of N-95 masks from five different firms without issuing supply orders to the respective firms and distributed the same to District Hospital Authorities & CMOs of 16 districts thereby violating the established norms of procurement and distribution.

The directorate procured 29,150 masks from Blue Sky Services, Guwahati; 2000 from Nim Pharmaceuticals, Guwahati; 12,900 from Global Infrastructure and Construction, Dimapur; 3050 from Fama Marketing, Guwahati; and 5000 masks from Yumnam Agency, Imphal.

Out of the 3050 N-95 masks supplied by Fama Marketing, 200 masks issued to the District Hospital, Churachandpur by Dr M Dinesh were found to be of substandard quality, unhygienic, soiled, stained, stitched with rusted pins and unfit for use by Medical Staff as Medical Protective Gear.

On perusal of the case record, it is seen that the accused (no 1) had acted in contravention with the rules and norms in respect of supply and receipt of items by contacting the suppliers verbally.

Though there appears to be a prima facie case of criminal misconduct on the part of accused (no 1), his acts have been absolved by the subsequent issuance of Office Memorandums of the Government of Manipur considering the extraordinary circumstance prevailing at the time when the whole nation was hard hit by the global pandemic COVID-19.Further, the alleged substandard quality N-95 masks could not be recovered/seized despite strenuous efforts made by the investigating agency.

Huge loads of items/goods arrived at the CMS during the month of March-April.

The officials posted there had difficulty in maintaining a proper record of the items and storing them in proper places.

It is also mentioned in the final report that six new staff with no past experience in the functioning of the store were posted to assist the works of CMS.

The piling of stocks in a haphazard manner and failure to maintain proper records made it next to impossible for the investigating agency to seize/recover the alleged sub-standard N-95 masks supplied by M/S Fama Marketing, Guwahati.

In the present case the whole procurement was done to meet the emergent requirements of the pandemic which was increasing at an alarming rate through the limited tender process.

There is no allegation of causing the wrongful loss to the government and wrongful gain to the accused persons.

At most, the allegation is of irregularities in floating tender and the same has been approved by the government.

During the hearing of the case, the complainant/informant was examined under oath on December 9 and he deposed that he has no objection in accepting the final report.

"Taking into consideration of all the facts, this Court is of the opinion that the final report may be accepted as the available materials are not sufficient for taking cognizance of any of the offences as alleged in the FIR.

The ingredients of the offences are not established so as to warrant indulgence from this Court.

Hence, the final report is accepted subject to its revival as and when any new clue comes to light.

Seized articles, if any, be disposed of according to law", the court said in its judgment.

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