New Delhi, Nov 2 (PTI) A Delhi court has dismissed the regular bail application of ex-Central Procurement Agency (CPA) accounts officer Neeraj Chopra in the medical procurement "scam" involving public funds worth over Rs 800 crore, saying his release at this stage could hamper the investigation.
In an order passed on October 31, Special Judge Vidya Prakash said that further investigation, including into the financial trail and the role of other persons and entities, was still going on.
"The applicant/accused is not entitled to the concession of bail at this stage," the court said, while clarifying that its observations were only for deciding the bail plea and were not an opinion on the merits of the case.
According to the FIR registered by the Anti-Corruption Branch (ACB) on June 2 on a complaint by the Directorate of Vigilance, there were alleged irregularities in the purchase of medicines, surgical items and medical equipment for the Delhi government's health department.
According to the prosecution, tender conditions were tailor-made to favour pre-decided firms linked to co-accused Rajiv Kumar alias Rajiv Rangeela.
Rival bidders were allegedly disqualified without valid grounds and purchase orders were issued manually, even though tenders were floated on the GeM portal, it said.
The prosecution cited the purchase of 448 portable X-ray machines at about Rs 38 lakh each, whereas the manufacturer had allegedly sold them to the supplier firm at around Rs 14.92 lakh plus GST per machine.
It said payments to the favoured firms were released within a day or two, while bills of other vendors remained pending for over two years.
The court noted the prosecution's claim that government payments of about Rs 839 crore were released to five principal beneficiary firms, and that the alleged wrongful loss to the exchequer ran into several hundred crore rupees.
Chopra, former deputy controller of accounts, CPA, was arrested on June 27, along with co-accused Dr Vatsala Aggarwal, the then director general of health services (DGHS).
Another co-accused, Dr Vinod Kumar Ranga, then head of office at the CPA, was arrested on June 18. Rangeela was arrested on September 24.
Rejecting the defence's claim that Chopra had no role in the procurement process, the court said that as deputy controller of accounts and committee member, it was his duty to ensure that bidders met the eligibility conditions and that GeM and General Financial Rules procedures were followed.
The court noted that all bills passed through him.
It said the case was not based merely on statements of the co-accused, but on material, including his signatures on procurement records, approvals, payment clearances, GeM and financial records, and electronic evidence.
On the argument that the investigation was complete since a chargesheet had been filed, the court said further investigation was underway and the filing of a chargesheet did not by itself entitle an accused to bail.
The judge also found the apprehension of witness interference not theoretical, noting that officials who raised objections were allegedly pressured.
The court said that given Chopra's senior position and familiarity with officials and records, he could influence witnesses or tamper with records if released.
Referring to Supreme Court rulings, the court observed that economic offences are committed with "cool calculation and deliberate design" and must be viewed differently from other crimes.