Punjab & Haryana High Court Refuses To Quash FIR Against Narnaul Red Cross Society's Secretary In Alleged Sanitary Napkin Supply Scam

Aiman J. Chishti

15 May 2023 1:45 PM GMT

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  • Punjab & Haryana High Court Refuses To Quash FIR Against Narnaul Red Cross Societys Secretary In Alleged Sanitary Napkin Supply Scam

    The Punjab and Haryana High Court has refused to quash a corruption case against a Secretary of Red Cross, Narnaul, and his daughter. It is stated that the Secretary was instrumental in obtaining a sanitary napkin supply order to colleges in favor of his daughter.The bench of Justice Gurvinder Singh Gill said, “Having regard to the totality of the facts and circumstances of the case, this...

    The Punjab and Haryana High Court has refused to quash a corruption case against a Secretary of Red Cross, Narnaul, and his daughter. It is stated that the Secretary was instrumental in obtaining a sanitary napkin supply order to colleges in favor of his daughter.

    The bench of Justice Gurvinder Singh Gill said, “Having regard to the totality of the facts and circumstances of the case, this Court finds that there are several irregularities committed in the process of awarding an order to a firm owned by daughter of petitioner No.1 which apparently has been done so as to extend an undue favour to to petitioner No.2 daughter of petitioner No.1.”

    The petition was filed by the father and daughter seeking quashing of FIR under Sections 409,420, 467, 468, 471, 120-B IPC and Sections 13(1)(c), 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The petitioner argued that the articles in question were duly delivered, but the court noted that as per the report of the SDM, no such delivery was recorded in the Stock Register maintained in the office of Red Cross.

    “It is also contended that upon inquiries from the colleges, they had admitted having received the articles but it is also stated that no such record was available with the said colleges,” the court noted.

    Considering that there is “omission of various pre-requisite”, “advance payment of Rs.17 lakh” was made and permission was given on “single signature” approval, the court said that it shows that the “department concerned was too keen to award contract and make payments”.

    “There are a lot of cuttings in the bills which again casts a suspicion on the conduct of all those concerned,” it noted further. 

    The facts stated in FIR prima-facie disclose commission of offences, the court observed.

    “The facts in any case do not warrant invoking of powers under Section 482 Cr.P.C. for quashing of the FIR at this initial stage,” said the court.

    Case Title: Manoranjan Sharma and another v.State of Haryana and others

    Citation: 2023 LiveLaw (PH) 87

    Appearances: Advocates Gaurav Mohunta with Nishant Arora for the petitioners.

    Click Here To Read/Download Order

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