Chairman of Bakson's drugs and pharmaceuticals, Dr SPS Bakshi, along with five other doctors has been acquitted by a special court in a case of alleged regularisation of some homeopathic medical colleges after these institutions agreed to buy drugs from his company.
The court said there was nothing on record to show that Bakshi, president of Central Council of Homeopathy (CCH), had influenced any of the homeopathic medical colleges to buy any medicine from Bakson and no personal benefit was being derived by any of the accused while working in CCH in various posts.
"Since, no material has come on record file to show that Bakshi had, at any point of time, utilised any influence to coerce over the homeopathic medical colleges, the court is of the considered view that there was no forced supply of medicines by M/s Bakson Drugs and Pharmaceuticals...
"Thus, there is nothing on the record file to show that accused Bakshi had forced any of the colleges to buy any medicine," special CBI judge Ramesh Kumar said.
Apart from Bakshi, the court also acquitted Ramjee Singh (vice president of CCH), Arun Bhasme, M R Srivatsan, Kewal Krishan Juneja and B Sohan Singh of the charges of criminal conspiracy under the IPC and under provisions of the Prevention of Corruption Act.
Dr Sibendranath Sinha died during the pendency of the case and proceedings against him were abated by the court.
The court said these doctors were discharging public functions and they were doing honorary service in the field of homeopathy.
"Thus, it is concluded that all the accused persons were working within the public domain but without getting any remuneration," it said and noted that several witnesses turned hostile and deposed nothing against the accused.
The court said the recognition was granted to the colleges as per CCH Act and CBI has failed to prove that the doctors had abused their official position while granting recognition or sanction to various homeopathic colleges and institutions.
CBI had alleged that the doctors had conspired and abused their official position as public servants and irregularly granted recognition to several homeopathic medical colleges.
It had alleged that they granted permission to increase seats in graduation and post-graduation levels in different homeopathic colleges in violation of existing norms and guidelines of the government during 2000-05.
CBI had alleged that Dr Bakshi asked S P Anand, Secretary
of Hosiharpur Medical College, to purchase medicine of Rs 5 lakh from his company Bakson Drugs and Pharmaceuticals Pvt Ltd for granting recognition to the college but when he refused to purchase the drugs, recognition was not granted to his hospital and college.
During the trial, the doctors had denied having committed any offence and claimed innocence.
The judge said in the judgement, "Since, CBI has not been able to bring any cogent and reliable evidence to the effect that there was any forced sale of homeopathic medicine on behalf of Bakshi, I am of the considered view that there was no inducement and enticement on behalf of Bakshi to any of the homeopathic medical colleges or institutions to purchase the medicines from M/s Bakson Drugs and Pharmaceuticals Pvt Ltd.
"The decision, either to purchase or not to purchase the medicines of M/s Bakson Drugs and Pharmaceuticals, was self decision of the institutions and no forceful means had been used by accused Bakshi in this regard. He had no role to play regarding the purchase of medicines by homeopathic medical colleges and institutions," the judge said.
