Tuesday, 02 January 2024 12:17 GMT

CBI Court Discharges Former Joint Drugs Controller In 2022 Biocon Bribery Base


Date:

(MENAFN- Live Mint) A special Central Bureau of Investigation (CBI) court at Rouse Avenue on Saturday discharged Dr. S. Eswara Reddy, former joint drugs controller at the Central Drugs Standard Control Organisation (CDSCO), and three others in a 2022 bribery case linked to Bengaluru-based Biocon Biologics Ltd.

Mint previously reported Reddy's arrest by the Central Bureau of Investigation (CBI) over allegations of demanding and accepting bribes to clear regulatory approvals. Reddy was among the shortlisted contenders for the country's top Drugs Controller General of India (DCGI) post in 2022.

In a 60-page order, the court noted that the allegations failed to raise even mere suspicion, let alone grave suspicion, ruling that the CBI could not establish a prima facie case warranting a trial. The accused were discharged under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 227 of the Criminal Procedure Code).

The court ruled that the prosecution provided no direct or circumstantial evidence of a bribe demand-the mandatory prerequisite under Section 7 of the Prevention of Corruption (PC) Act. Observing that both demanding and accepting a bribe are absolute prerequisites to establish the offence, the judge noted the agency failed to show "when, where and how" Reddy allegedly sought ₹9 lakh.

Evaluating the overall circumstances of the case, the court held,“The totality of circumstances... enables this court to reach the conclusion that no prima facie charge is made out against the accused no. 1 Dr. S. Eswara Reddy and he is entitled to be discharged from this case.”

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"I have always maintained complete faith in the judicial process, and this discharge order brings substantial relief," Reddy said. Queries emailed to the spokesperson of the union ministry of health and family welfare, Biocon, CDSCO and the CBI on Saturday evening remained unanswered at the time of publishing.

'No evidence of criminal conspiracy'

The court also found no evidence of criminal conspiracy under Section 120B of the Indian Penal Code (IPC). Dismissing allegations that Reddy improperly expedited Biocon's waiver of phase-III clinical trials for 'Insulin Aspart' injection, the court highlighted that the proposal reached the subject expert committee (SEC) through standard official emails, without Reddy's intervention.

The court also found insufficient material to establish criminal conspiracy or to show that Dr. Reddy had improperly or dishonestly performed his official duties in return for an undue advantage.

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