Maharashtra Antibiotics & Pharmaceuticals Ltd. v. Democratic Youth Federation of India
2005-03-29
D.M.DHARMADHIKARI, N.SANTOSH HEGDE, S.B.SINHA
body2005
DigiLaw.ai
ORDER : N. Santosh Hegde, J. Leave granted. 2. In a public interest litigation, the High Court, by the impugned order has directed that certain investigation that is being conducted by the State Police and CBI against the officials of the Maharashtra Antibiotics and Pharmaceuticals Ltd. be transferred to the Central Vigilance Commission for investigation, if necessary by custodial interrogation. This interim direction issued by the High Court is challenged before us in this appeal. 3. Having heard learned counsel for the parties, we are of the opinion that the impugned order requires certain modifications inasmuch as we are informed by the writ petitioner who is Respondent 1 in this appeal that he has already approached the Central Vigilance Commission in regard to the direction issued by High Court and the said Commission has intimated to him that it does not have the necessary infrastructure to carry out the investigation involved in this case. Therefore, we direct the investigation of the case under the Drugs and Cosmetics Act, 1940 that is being conducted by the State Police as well as the investigation of the case under the Prevention of Corruption Act shall now be conducted by CBI under the supervision of the Central Vigilance Commission. 4. We direct CBI to conclude the investigation and file a report within six months from today. 5. In substitution of direction of the High Court for the observation in regard to the custodial interrogation we direct that the same shall be left to the discretion of the investigating agencies to be dealt with in a manner befitting the investigation of the case. 6. With the above modification these appeals are allowed.