Rs 700-crore medical equipment scam: Delhi court flags ‘copy-paste’ case diary, undated statements

Special Judge Vidya Prakash of Rouse Avenue Court flagged the irregularities in an order dated September 29, directing the ACB Joint Commissioner of Police (JCP) to take “remedial measures” to ensure the probe is “fair, impartial and independent”.

The court found that Case Diary 94, dated September 27, reproduced the material portion of Case Diary 93 – dated September 26 – which recorded Rangila leading Investigating Officer ACP Dharmender Kumar Singh and his team to several places at Karnal in Haryana. The team returned to Delhi the same day.

According to the court, Case Diary 94 of September 27 recorded that Rangila led the team to places at Rishikesh in Uttarakhand, but the court found it “completely silent” on the proceedings, if any, carried out there.

The court said this gave the “impression” that the material portion of the September 26 diary had been “pasted” to form part of Case Diary 94.

“…a careful perusal of the contents of case diary 93… and 94… would reveal that material portion of both the said case diaries are identical…,” it observed.

Case diaries are official legal logs of an investigation’s progress, written in real time. Pasted content could undermine the credibility of the evidence.

The second lapse concerned Rangila’s questioning. According to the court, the police file showed that he was interrogated by ACP Singh on September 25 and 28. “However, both the said disclosure statements, which are styled as ‘Additional Disclosure Statements’, do not bear the date(s) on which, they were purportedly recorded,” it said.

In criminal proceedings, the exact date and time of a statement are critical to show it was recorded legally, during custody and without coercion.

This was not the court’s first warning. It noted that it had previously expressed displeasure over the “mode and manner” of the investigation and had directed the JCP to closely and personally monitor the probe.

“Despite that, it seems that there has not been any change in the conduct of the IO of this case,” Judge Prakash observed, adding that the court’s earlier detailed observations appeared to have “not yielded any result” and the “IO did not mend his ways and conduct in so far as investigation of this case is concerned”.

The Delhi ACB is probing alleged irregularities in the procurement of medicines, surgical items, medical equipment and other consumables. The accused include former DGHS chief Dr Vatsala Aggarwal, former CPA deputy controller of accounts Neeraj Chopra, former CPA head of office Dr Vinod Kumar Ranga and Rangila, a pharmaceutical trader.

The ACB filed a chargesheet into the case on September 16, naming three public servants and two private entities – F-Med Devices and M Sahib and Sons Private Limited. Dr Ranga was the first to be arrested, on June 18, followed by Dr Aggarwal.

According to ACB, the accused procured medicines, surgical items and other consumables through illegal means by violating rules and procedures to make illegal gains and cause loss to the state exchequer.

The agency has described Rangila as a key conspirator, alleging that he submitted bids through fake companies and connived with public servants, including Dr Ranga and Dr Aggarwal, to manipulate tender terms and specifications.

The ACB alleges that the tender conditions were tailor-made, including “exorbitant experience” and “performance requirements” to discourage other bidders and facilitate the siphoning of government funds.

It has further alleged that Rangila owned, controlled or managed several firms that secured tenders for medical equipment, surgical items and consumables despite not meeting the prescribed criteria and specifications.

According to ACB, Rangila’s questioning brought to light the “role of other public servants and private persons”.

On June 30, after being granted anticipatory bail in an extortion case, Rangila allegedly left the country. The ACB arrested him on September 24 after he returned from the US and surrendered.