The court ruled that proceedings against the accused were unsustainable due to lack of essential legal elements and failure to comply with mandatory complaint procedures as per law.

ORDER

Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita Act , 2023 (for brevity the ‘BNSS’) by the Petitioners/Accused Nos.1 to 3, seeking to quash the proceedings against them in C.C.No.2695 of 2023 on the file of the learned Chief Metropolitan Magistrate, Vijayawada.

2. The allegations levelled against the Petitioners are that during the height of the Covid 19 pandemic, when the nation was under lockdown and the populace was‑in dire need of life saving medicines, they conspired together with other associates to div‑ert and black market Remdesivir injections. The prosecution case asserts that the Petitio‑ners, being in close association with one another and connected to the pharmaceutical trade, procured vials of Remdesivir through irregular channels and attempted to sell them at exorbitant rates to desperate patients and their families. It is alleged that Accused No.3 was apprehended in possession of such vials, having confessed that he obtained them from Accused No.1 with the promise of a commission of Rs.10,000/- upon resale, while Accused No.4 similarly admitted to having surplus vials from his father’s treatment which he intended to sell for profit. The police claim that these acts amount to cheating under Section 420 of ‘the I.P.C.,’ disobedience of lawful orders under Section 188 of ‘the I.P.C.,’ and violation of Section 3 of the Epidemic Diseases Act , 1897 (for brevity ‘the Act’), as they sought to exploit the public health emergency for monetary gain. The mediators’ reports and confessional statements are relied upon to substantiate that the Petitioners, in concert with others, were engaged in the unlawful diversion of essential medicine, thereby attempting to profiteer from human suffering in contravention of statutory prohibitions.

3. Further, the allegations extend to the assertion that the Petitioners were apprehended at multiple locations in Vijayawada, including Shankar Café and Sambhavi Pharma Care, where they were found in possession of three Remdesivir vials. The prosecution narrative emphasizes that the Petitioners, being in the medical field and acquainted with pharmaceutical distribution, abused their access and knowledge to facilitate the clandestine sale of the drug. It is alleged that they acted in collusion with Abdul Moosa, who had procured the medicine ostensibly for his uncle’s treatment but later sought to sell the remaining vial through Accused No.1. The police contend that the Petitioners’ conduct demonstrates a deliberate attempt to capitalize on the scarcity of Remdesivir by engaging in black marketing, thereby cheating the public and undermining lawful orders issued d‑uring the pandemic. The charge sheet concludes that the Petitioners, along with their co accused, are liable for prosecution and punishment under the aforementione‑d provisions, as their actions constitute a grave affront to public health, morality, and the rule of law during a national crisis.

4. Sri A.Venkata Durga Rao, learned Counsel for the Petitioners submits that the prosecution launched against the Petitioners is wholly unsustainable in law and on facts. The Petitioners, who are innocent and law-abiding citizens, have been falsely implicated in Cr.No.112 of 2021 registered at One Town Police Station, Vijayawada for offences under Sections 420 , 188 of ‘the I.P.C.,’ and Section 3 of ‘the Act’. The very foundation of the case is vitiated inasmuch as the Station House Officer, who himself is the de facto complainant, proceeded to act as the Investigating Officer