Black marketing of Remedsivir amounts to crime against humanity: Madhya Pradesh HC

Read Order: HARIOM v. THE STATE OF MADHYA PRADESH 

LE Staff

Indore, July 19, 2021: The Indore Bench of the Madhya Pradesh High Court has declined the bail plea of a nursing student who was allegedly found involved in the black marketing of Remdesivir injections. 

Dismissing the bail plea, a single bench of Justice Anil Verma noted that it was prima facie established that the applicant was party to the black marketing in connivance with the co-accused, which is not only serious in nature but also heinous. 

Expressing that it cannot remain a mute a spectator and cannot turn a nelson’s eye to such incident, the High Court observed that thousands of patients on their death bed were trying for medicines, whereas medicines necessary for treatment of the patients suffering from COVID-19 pandemic were black marketed on exorbitant price. 

Going by the background of the case, a search was carried out by the police in April 2021 at Alliance City, Agar Road, Ujjain and one Remdesivir injection was seized from a co-accused Lokesh Anjana without valid documents. After recording the statement by the co-accused, the police arrested the applicant, who admitted to have given the said Remdesivir injection to co-accused Lokesh, Priyesh and Bhanupratap to sell it at a higher price. 

During the search, a Tazotum, Rx Piperacillin and Tazobactum injection was also recovered from the possession of the present applicant, without any valid document. 

Contending that possession of a singular injection, which is said to have been recovered, is not an offence, the counsel for the applicant pleaded that the applicant was a first year nursing student and has been falsely implicated in this offence. He was neither beneficiary, nor seller of Remdesivir injection, the counsel claimed. 

Further stating that the applicant was not caught red handed on the spot, the counsel submitted that the applicant was falsely implicated along with other co-accused persons and the alleged injection, which is said to have been recovered from him, is not related to the coronavirus.

The counsel for the respondent vehemently opposed the bail application stating that considering the conduct of the applicant, as he along with other co-accused persons was indulged in black marketing of Remdesivir injection which was not available in open market during the COVID- 19 pandemic crisis, and thus, deprived the needy patients. 

Agreeing with the State, the High Court found that a prima facie case was established against the applicant. 

“The crime committed by the present applicant is certainly a crime against the society and humanity. Such human conduct is highly deplorable, when the society at large come together to tide over their difficulties and turbulent time, whereas arising of time of COVID-19 pandemic, it is shocking to see that some persons had indulged themselves in black marketing of such drugs,” said the High Court.

Thus, looking at the gravity of the alleged offences, the High Court refused to grant bail to the present applicant.