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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
C.V.Bhadang, J.
Dilip Dyandev Gaikwad – Appellant
Versus
State of Maharashtra – Respondent
Criminal Bail Application No. 3201 of 2021
Decided On : 05-01-2022
Bail - Black Marketing of Remdesivir Injections - Indian Penal Code, Epidemic Diseases Act, Essential Commodities Act, Drugs and Cosmetics Act - Sec. 304, 420, 279, 188, 120B, 34, 2, 3, 4, 3(2)(c), 7(1)(a)(ii), 18(c), 27(b)(ii), 18A, 28, 18(a)(i), 17B, 22(1)(cca), 22(3), 104, 27(d) - The court discussed the serious nature of the offences under various sections of the Indian Penal Code, Epidemic Diseases Act, Essential Commodities Act, and Drugs and Cosmetics Act, highlighting the endangerment of lives and the misuse of the pandemic situation for personal gain. The involvement of the accused in selling spurious Remdesivir injections and the resulting death of a patient were key factors influencing the court's decision to reject the bail applications.
Fact of the Case:
The Applicants were accused of selling spurious Remdesivir injections during the pandemic, endangering the lives of Covid-19 patients. A joint raid with the Food and Drugs Department led to the apprehension of the accused, and the investigation revealed the death of a patient due to the spurious injections.
Finding of the Court:
The court found the offences to be serious, given the misuse of the pandemic situation for personal benefit and the endangerment of lives. The possibility of the accused repeating similar activities during the ongoing pandemic was also considered.
Issues: The key issues revolved around the seriousness of the offences, the endangerment of lives, and the potential misuse of liberty by the accused.
Ratio Decidendi: The court's decision was influenced by the serious nature of the offences, the endangerment of lives due to the sale of spurious injections, and the potential for the accused to repeat similar activities during the ongoing pandemic.
Final Decision: The bail applications were rejected, considering the overall circumstances and the seriousness of the offences.
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 Accused in the Crime, out of which Accused No.5 is stated to be a Juvenile who has been dealt with separately. Out of the remaining Accused Dayanand Gosavi (A-6) and Swapnil Narute (A-8) have been released on bail by the learned Sessions Judge while refusing to release the present Applicant on bail.
5. On 16/4/2021 a secret information was received at Baramati Police Station that some persons are black marketing Remdesivir Injections (Vials) in MIDC Area, falling within the jurisdiction of Baramati Taluka Police station. Accordingly, a joint raid was arranged with the Officers of the Food and Drugs Department. The Officers of the Food and Drugs Department, and the Baramati Taluka Police Station along with panchas and a decoy customer visited the spot where the Applicant Prashant Gharat (A1) and Shankar Bhise (A2) were found present near a Fortuner Car bearing No.MH-43-AT-9696 on the Service Road in front of Mahendra Showroom on the road leading from MIDC Square to Bhigwan Road. The decoy customer purchased a vial from them. On the predetermined signal being given the other members of the raiding party, went to the spot and the ApplicantAccused Nos.1 and 2 were apprehended on the spot. They disclosed that they were acting for Accused Dilip Gaikwad (A3). The accused Dilip Gaikwad was found to be the registered owner of the Fortuner Car. It further appears that on such disclosure, the members of the raiding party with A-1 and A-2 went to Moti Nagar at Surya Nagri, Baramati, where the Applicant Dilip Gaikwad (A-3) was present and he came to be apprehended. During their interrogation it was further revealed that the Accused No.4 Sandeep Gaikwad who was working as a ward boy was supplying the spurious injection-vials. It was revealed during the course of the investigation that the accused Sandeep Gaikwad used to collect the empty Remdesivir Vials along with caps from Arogya Hospital, Baramati and Critical Covid Centre, Baramati, and the accused used to fill them with paracetamol liquid which were sold as Remdesivir. During the course of the investigation the involvement of the other accused also surfaced. After completion of the investigation a charge-sheet is filed.
6. It is necessary to note that from the statement of Dr.Hanumet Gorad it was disclosed that on account of the administration of the such spurious injection one Swapnil Jadhav who was being treated for Covid-19 infection had expired.
7. I have heard learned counsel for the parties. Perused record.
8. I have considered the submissions made. It appears that there was a prior information received at Baramati Taluka Police Station about the sale of the Remdesivir injection-vials in black market. A joint action was taken by the officers of the Police Station and that of the Food and Drugs Departme
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.
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