Sanibha Khonglamet v. North Eastern Indira Gandhi Regional Institute of Health And Medical Sciences (Neigrihms)
2022-06-21
H.S.THANGKHIEW
body2022
DigiLaw.ai
JUDGMENT 1. The brief facts of the case, as can be culled out from the materials before this Court is that on 30.04.2019, the medical consumables of the petitioner comprising of 'stents' required for the purpose of heart surgery was seized and confiscated, when the same was being brought into NEIGRIHMS to be used in the treatment and surgery of a patient who was admitted there, as these materials were not available in the pharmacies within the hospital. Thereafter, on 02.05.2019, a seizure list of the said materials was issued by the Vigilance Officer of NEIGRIHMS. The petitioner lodged an FIR being aggrieved with the action of the respondents and also made a representation before the Vigilance Officer on 18.06.2019, and as no action was taken thereon, had approached this Court by way of WP(C) No. 469 of 2019, which was disposed of with a direction that the representation be decided within two weeks from the date of receipt of the order. The said representation thereafter was disposed of, on the ground that there was no clear-cut directions to the Vigilance Officer in respect of the materials in custody, and as such, the status quo continued and the materials remained in the custody of the respondents. 2. It has been contended by the petitioner that, the seizure and confiscation of the materials was without due process of law, and was without any authority as no illegal act had been committed by the petitioner. It has also been contended that the reason for non-release of the materials was that the respondents were still awaiting specific directions from the Vigilance Division of the Ministry of Health and Family Welfare with regard to the matter. It is therefore prayed that, the materials which are perishable and may be beyond the expiry date be released immediately and the respondents be directed to make good the loss that has been suffered by the petitioner. 3. The respondents in reply on affidavit have averred that no permission had been given to anyone to sell stents or pace-makers within the institute nor authorized any person to give permission for the same. It has also been averred that the petitioner was heard, but in respect of the materials/consumables in the absence of any clear-cut directions from the CVO, Ministry of Health and Family Welfare, Govt.
It has also been averred that the petitioner was heard, but in respect of the materials/consumables in the absence of any clear-cut directions from the CVO, Ministry of Health and Family Welfare, Govt. of India, or Central Vigilance Commission to the Vigilance Officer of NEIGRIHMS, nothing would be done, and as such, this status quo continued. It is however, fairly submitted by the learned senior counsel for the respondents that the Court may pass appropriate orders as the matter has landed in a deadlock. 4. Having heard the learned counsel for the parties, and after examination of the materials on record, it is noticed that the entire exercise of seizure and confiscation by the respondents of the medical consumables, was occasioned by the circumstances that were prevalent at that point of time. Whether, such seizure was in accordance with law, or as per set procedure, is no longer relevant to be gone into now in this proceeding, however, it is important to note that apart from the proceedings pursuant to the representation, there has been no other action criminal or otherwise that had been taken up or is pending. 5. In this view of the matter, considering that the consumables are perishable and may be no longer of any use, and also the fact that the said materials are not required in connection with any investigation or proceeding, it is hereby directed that the said materials/consumables which had been seized and detailed in the seizure list shall be released into the custody of the petitioner within a period of 2(two) weeks' from the date of receipt of this order. As regards, the prayer for compensation for the alleged wrongful seizure, the petitioner is at liberty to seek alternate remedy by way of civil proceedings before the appropriate forum. 6. The instant writ petition on the observations and directions as noted, is accordingly allowed to extent indicated above and is disposed of. 7. No order as to costs.