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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Mohan Kumar Jha - Appellant
Versus
State NCT Of Delhi - Respondent
Bail Application No. 1983, 2497, 3268, 3346 of 2021, Criminal Miscellaneous (Bail) No. 935, 1217 of 2021
Decided On : 16-11-2021
BAIL - Offences under Sections 420/188/120B/34 IPC and Sections 3/7 of the Essential Commodities Act and Section 3 of the Epidemic Disease Act - [IPC 420, IPC 188, IPC 120B, IPC 34, Essential Commodities Act 3, Essential Commodities Act 7, Epidemic Disease Act 3] - The court granted bail to the petitioners accused of supplying fake Remdesivir injections during the COVID-19 pandemic, considering the primarily documentary nature of evidence and the petitioners' prolonged incarceration.
Fact of the Case:
The accused were involved in the illegal holding and supply of life-saving medication to treat COVID-19, specifically Remdesivir injections. The charge-sheet outlined a coordinated nexus operating to dupe innocent and desperate people by selling fake Remdesivir injections at exorbitantly high prices.
Finding of the Court:
The court found that the evidence against the petitioners was primarily documentary in nature and already in the custody of the police. Despite the gravity of the offence, the court considered that no useful purpose would be served in prolonging the incarceration of the petitioners.
Issues: The issues revolved around the nature and gravity of the accusations, the severity of the punishment, the danger of the accused absconding, and the likelihood of the offence being repeated or the witnesses being influenced.
Ratio Decidendi: The court considered that the magnitude of the offence cannot be the only criterion for denying bail and emphasized that the object of bail is to secure the presence of the accused at the trial.
Final Decision: The court granted bail to the petitioners with specific conditions, including furnishing a personal bond, residing in Delhi, reporting to the police station, and not contacting witnesses or tampering with evidence.
JUDGMENT
Subramonium Prasad, J. - These petitions under Section 439 Cr.P.C have been filed for grant of bail to the petitioners in FIR No.70/2021 dated 23.04.2021, registered at Police Station Crime Branch, Delhi for the offences punishable under Sections 420/188/120B/34 IPC and Sections 3/7 of the Essential Commodities Act and Section 3 of the Epidemic Disease Act. All the said petitions have a common prayer, i.e. to enlarge the accused persons on regular bail.
2. The facts, in brief, leading to the filing of the instant petitions are as under:
a) Briefly summarised allegations in the FIR No.70/2021 are that during the second wave of COVID-19 in the month of April 2021, the Duty Officer, PS Crime Branch, Delhi received inputs of the illegal holding and supply of life saving medication to treat COVID-19. On receipt of a secret tip at 02:00 PM, the Assistant Sub-Inspector, PS Crime Branch was informed that Remdesivir injections, a drug which was in high demand and less supply to treat COVID-19, were going to be unauthorizedly handed over by two individuals, namley, Mohan Kumar Jha (petitioner in BAIL APPLN. 1983/2021) and Mohd. Shoiab Khan (petitioner in BAIL APPLN. 3268/2021) near Batra Hospital, M.B. Road, Sangam Vihar, Delhi on the evening of 23.04.2021, and they would be travelling on a light yellow colour scooty bearing registration No. DL7SCE0534. Acting on the secret tip, the ASI reached near Batra Hospital around 05:15 PM and made arrangements to barricade the roads near Batra Hospital and assembled a team with two private cars, laptop, printer, IO kit bag, entry register along with a secret informer. The ASI tried to convince the passersby to become independent witnesses but everyone declined justifying their own problems. At around 07:00 PM, a light yellow colour scooty bearing registration No. DL7SCE0534 was spotted near the Batra hospital on which two persons were travelling, the accused - Mohd. Shoiab Khan (petitioner in BAIL APPLN. 3268/2021) was riding the scooty and accused - Mohan Kumar Jha was the pillion rider. The secret informer indicated to the ASI that they were the two persons who were unauthorizedly going to supply the Remdesivir injections near the Batra Hospital. On getting the signal, the ASI apprehended both the accused persons - Mohan Kumar Jha and Mohd. Shoiab Khan, and on frisking them a white colour bag was seized from the accused - Mohan Kumar Jha in which about 10 vials of Remdisivir injections were found. When asked as to where from they procured the Remdesivir injections and for the doctor's prescription, licence or any other bill that could substantiate its possession with them, both the accused were unable to provide any satisfactory answers. On further questioning, it was revealed that the accused persons had purchased these vials of Remdesivir to sell it on a higher margin to the desperate family members of patients ailing from COVID-19. Both the accused persons - Mohan Kumar Jha and Mohd. Shoiab Khan were arrested on 23.04.2021 and taken into custody, and their mobile phones were seized.
b) During investigation, the CDRs of the arrested accused persons were analysed and a number of Whatsapp chats were seen which showed involvement of other accused persons, who were supplying presumably spurious and adulterated Remdesivir injections. Accused Mohan Kumar Jha was remanded to police custody on 25.04.2021 where he revealed that he procured 150 Remdesivir injections at the cost of Rs.15,000/-per injection from accused - Pushkar Chandrakant Pakhale (petitioner in BAIL APPLN. 2497/2021). Accused - Mohd. Shoiab Khan was remanded to police custody on 25.04.2021 and while in custody he revealed that he procured 150 Remdesivir injections at the cost of Rs.15,000/- per injection from the accused - Pushkar Chandrakant Pakhale and one Manish Goyal. On the revelations made by both the accused persons - Mohan Kumar Jha and Mohd. Shoiab Khan, the accused - Pushkar Chandrakant Pakhale was arrested and taken
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.
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.
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