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C. V. BHADANG
Dilip Dyandev Gaikwad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. All these Applications for bail, arise out of Crime No.244 of 2021 of Baramati Taluka Police Station, District-Pune (Rural), under Sec. 304, 420, 279, 188, 120B read with Sec. 34 of the Indian Penal Code, Sec. 2,3, and 4 of the Epidemic Diseases Act, 1897. Sec. 3(2)(c), Sec. 7(1)(a)(ii) of the Essential Commodities Act, Sec. 18(c) read with Sec. 27(b)(ii), 18A read with 28, 18(a)(i) and 17B read with 27(c), 22(1)(cca) read with Sec. 22(3), rule 104 read with 27(d) of the Drugs and Cosmetics Act 1940.
2. The aforesaid offence is registered on the basis of the complaint dtd. 17/4/2021 lodged by Vithal Nangare, Food Inspector attached to the Food and Drugs Administration, Pune.
3. According to the informant the Applicants along with co-accused sold spurious Remdesivir injections during the Pandemic at the rate of Rs.35,000.00 per vial. In short according to the prosecution the Applicants had filled the empty Remdesivir vials with Paracetamol and same were sold as genuine Remdesivir injections there by endangering the life of those suffering from Covid-19 disease.
4. Apart from Applicant Prashant Gharat (A-1), Shankar Bhise (A-2) and Dilip Gaikwad (A-3), there are five other
The endangerment of lives through the sale of spurious medical products during a pandemic is a serious offence and may lead to the rejection of bail applications.
The object of bail is to secure the presence of the accused at the trial and to ensure that the evidence is not tampered with and the witnesses are not threatened.
The court emphasizes that the severity of an offense does not alone justify denial of bail, balancing it against the evidence and absence of interference risks in a trial.
A public servant's complaint is mandatory for prosecuting under Section 188 IPC, and the prosecution must prove intent and action for charges under Section 420 IPC.
The prosecution must prove each element of the charged offences; mere possession of medication during a public health crisis is not sufficient for liability under IPC or related statutes.
The court applied the principles governing quashing of FIRs and held that it would be premature to quash the FIR at this stage, and the cognizance of the offence is yet to be taken by the Trial Court....
The main legal point established in the judgment is the consideration of the completion of investigation, recovery of evidence, and the likelihood of a lengthy trial in granting bail to the petitione....
The main legal point established is that the police have the authority to investigate offences under the Drugs and Cosmetics Act and that the involvement of offences under other statutes does not den....
Bail cancellation justified when lower court ignores unexplained large bank transactions from upstream supplier but none to unlicensed manufacturer, inferring knowledge of spurious drugs supply in te....
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