Madhya Pradesh High Court
Akash Rajput vs The State Of Madhya Pradesh on 6 August, 2021
Equivalent citations: AIRONLINE 2021 MP 1455
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. CR. C. No. 38737 / 2021
AKASH RAJPUT Vs. STATE OF MP
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INDORE, Dated : 06/08/2021
Heard through video conferencing.
Mr. Arpit Singh, learned counsel for the applicant.
Mr. Jayesh Vyas, learned PL for the respondent - State.
This first application under Section 439 of the Code of Criminal Procedure, 1973 is filed by applicant - Akash Rajput who is in custody since 15/5/2021 in connection with Crime No. 239/2021, registered at P.S. Neemuch Cantt., Neemuch for commission of offence punishable under Sections 420 of the Indian Penal Code, 1860; Sec. 53 and 57 of the Disaster Management Act, 2005; Sec. 3 of Epidemic Disease Act, 1897; Sec. 3/7 of the Essential Commodities Act, Sec. 5/13 of the M.P. Drugs (Control) Act, 1949; and, Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980.
As per prosecution story, on 11/5/2021 Sub-Inspector Sumit Mishra, P.S. Neemuch Cantt., received a secret information that some persons are indulging in blackmarketing of 'Remdesivir Injection'. One Kapil Pawar (complainant) informed him that he met one co-accused Sushil Kumar Agrawal who provided a contact namely; Sunil Patidar and told him that he can arrange Remdesivir Injection. When Kapil contacted co-accused Sunil Patidar, he informed him that injection is available for a price of Rs.28,000/- and that amount be transferred to the account of HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No. 38737 / 2021 AKASH RAJPUT Vs. STATE OF MP
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his friend co-accused Shailendra Patel. Upon receiving this information, FIR No. 239/2021 was registered. During investigation co-accused Sunil Patidar was arrested and one Remdesivir Injection was recovered from him. Such Remdesivir Injection is highly required for treatment of Covid-19 patients and are to be supplied for the use in the Hospitals / Institutions to ensure proper use of drug, as required. It is also alleged that on the basis of memorandum recorded u/S. 27 of the Indian Evidence Act of the co- accused Sunil Patidar, Police Officer arrested Sandeep Maheshwari and Sandeep Maheshwari disclosed in his memorandum u/S. 27 of the Evidence Act that he first acquired the Remdesivir Injection from the present applicant. Accused persons were indulged in blackmarketing of the Remdesivir Injection and they were selling it on higher price.
Learned counsel for the applicant submits that applicant is innocent and has been implicated falsely in this offence. No offence is made out against him. He has been implicated in this offence merely on the basis of memorandum drawn u/S. 27 of Sandeep Maheshwari, which is not a legal piece of evidence, whereas, no recovery has been done from the possession of applicant. Arrest of the present applicant is illegal as there is non compliance of the directions issued by the apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273. Hence, applicant is liable to be granted bail. Reliance has HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No. 38737 / 2021 AKASH RAJPUT Vs. STATE OF MP
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also been placed upon the judgment delivered by the co- ordinate Bench of this Court in Zarina Begum Vs. State of M.P. (M.Cr.C.No. 30933/2020) wherein directions were given to Police Officers and Judicial Officers for ensuring compliance of Arnesh Kumar (supra).
It is further submitted that applicant is merely 20 years old young person, having no criminal antecedents and he is merely a shopkeeper having done one year certificate course of operation theatre technician. He is in custody since 15/5/2021 and charge sheet has been filed. Applicant is no longer required for investigation. Under such circumstances, he prays for grant of bail to the applicant.
Per contra, learned counsel for the respondent - State has vehemently opposed the bail application on the ground that considering the conduct of the applicant as he, along with co-accused persons, was indulged in blackmarketing of the Remdesivir Injection during Covid-19 pandemic crisis which is not available in open market, therefore, looking to the gravity of the offence, benefit of bail cannot be granted to the applicant.
Undoubtedly, all the offences registered against the present applicant is exclusively triable by JMFC and the offences under sections 3/7 of the Essential Commodities Act is bailable in nature. The offences under section 3(3) of the Epidemic Diseases Act, 1897 is punishable with imprisonment for a term, which shall not less than six HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No. 38737 / 2021 AKASH RAJPUT Vs. STATE OF MP
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months, but which may be extended to seven years and fine, which shall not be less than Rs. 1,00,000/-, but which may be extended to Rs. 5,00,000/-.
Section 3(C) of the Epidemic Diseases Act, 1897 provides that "where a person is prosecuted for committing an offence punishable under sub-section (3) of Section 3, the Court shall presume that such person has committed such offence, unless the contrary is proved".
This Court has carefully gone through the judgment delivered by the apex Court in the case of Arnesh Kumar (supra) and the order passed by this Court in the case of Zarina Begum (supra). However, the aforesaid judgments are distinguishable on facts as the present case relates to Covid- 19 Pandemic Crisis which is extraordinary in nature.
It is a known fact that during COVID-19 pandemic, oxygen, ventilator, oxygen cylinder and antiviral drugs like Remdesivir injection were in high demand. The offences alleged to have been committed by the present applicant are not only serious in nature, but also heinous. Thousands of patients on dead bed were trying for obtaining medicines, whereas medicines necessary for treatment of the patients suffering from COVID-19 pandemic were black marketed on exorbitant price. Although no Remdesevir Injection has been recovered from the possession of the present applicant, but in view of the evidence available on record, it is prima facie established that the position of the present applicant is of a HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. CR. C. No. 38737 / 2021 AKASH RAJPUT Vs. STATE OF MP
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supplier of Remdesevir injection to other co-accused persons and he is a member of a chain regarding blackmarketing of Remdesevir injection.
Taking into consideration all the facts and circumstances of the case and looking to the gravity of the alleged offence, this Court is of the considered opinion that present applicant does not deserve benefit of bail. Consequently, the present application u/S. 439 of the Code of Criminal Procedure, 1973 is hereby dismissed.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE KR Digitally signed by KAMAL RATHORE Date: 2021.08.06 17:59:41 +05'30'