Madhya Pradesh High Court
Shailendra Patel vs The State Of Madhya Pradesh on 23 July, 2021
Author: Anil Verma
Bench: Anil Verma
The High Court Of Madhya Pradesh
MCRC-32740-2021
(SHAILENDRA PATEL Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 23-07-2021
Heard through Video Conferencing.
Shri Santosh Kumar Meena, learned counsel for the
applicant.
Shri Shalabh Sharma PL for the respondent/State.
This is first application under Section 439 of the Code of Criminal Procedure, 1973. The applicant is in Jail since 11/05/2021 in connection with Crime No. 239/2021 registered at P.S.- Neemuch Cant, District- Neemuch M.P.) for commission of offence punishable under Section 420 of IPC, Sections 53, 57 of Disaster Management Act, 2005, section 3 of Epidemic Diseases Act, 1897 and sections 3/ 7 of Essential Commodities Act ,1955 and sections 5/ 13 of M.P Drags ( Control), Act 1949.
2 As per prosecution story, on 11/05/2021, Sub-Inspector Sumit Mishra received a secret information that some persons including Sunil Patidar were indulging in black-marketing of Remdesivir injection. When he contacted Sunil Patidar on mobile number i.e. 7879065741, then co-accused Sunil Patidar told that he will provide Remdesivir injection at the costs of Rs. 28,000/- and he deposited the said amount in the account of Dr. Shailendra Patel. Two Remdesivir injections have been seized from the possession of co-accused Sunil Patidar. During investigation, it has been gathered that applicant Shailendra Patel gave the same injections to co-accused Sunil Patidar for black-marketing. On the basis of statement of the co-accused recorded under section 27 of the Indian Evidence Act, present applicant has been made accused in this offence. It is also alleged that the accused persons had no valid licence for such sale of the alleged injections and they were indulged in the black-marketing of the Remdesivir injection, which was highly required for treatment of COVID-19 patients.
3 Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this offence. He has been implicated in this offence only on the basis of memorandum statement of co-accused Sunil Patidar recorded under section 27 of the Indian Evidence Act, which is not admissible in the eyes of law. Trial will take considerable time. Nothing has been recovered from him. Most of the offences are bailable and triable by JMFC. Investigation is complete and challan is going to be filed in near future. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper. 4 Per-contra, learned PL for respondent - State has vehemently opposed the bail application stating that the applicant and the co-accused were indulged in black-marketing of the Remdesivir injection during COVID-19 pandemic crisis, which is not available in open market and thus, deprived the needy patients out of their reach, therefore, looking to the gravity of the offence, the benefit of bail cannot be granted to the present applicant.
5 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 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/-.
6 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 ".
7 The alleged offences are related to black marketing of Remdesivir injection. Although no Remdesivir injection has been directly recovered from the possession of the applicant, but on the basis of evidence available on record, it is prima-facie established that the present applicant was also indulged in the black-marketing of the Remdesivir injection in connivance with other co-accused persons. 8 Although learned counsel for the applicant submitted that no offence is made out against the present applicant, looking to the fact of the case and prima-facie evidence available on record, but at this stage, it cannot be said that it is a case of no evidence. 9 It is an important fact that during COVID-19 pandemic crisis, Remdesivir injection was in high demand. The offence alleged to have been committed by the present applicant is not only serious in nature, but also heinous. Looking to the evidence available on record, it is prima-facie established that the present applicant is also indulged in the black-marketing of Remdesivir injections. Taking into consieration all the facts and circumstances of the case as well as the gravity of the alleged offences, present applicant do not deserve for the benefit of bail.
10 Resultantly, present application filed under section 439 of Cr.P.C by the applicant is hereby dismissed.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE amol Digitally signed by AMOL N MAHANAG Date: 2021.07.23 18:10:28 +05'30'