Final Order 1

Order Details: COPY OF ORDER
Pdf Text: State vs. Aekansh Verma
Bail Matters No.2143/2022
FIR No.260/2022
PS : Crime Branch
08.12.2022
Present : Sh.Dharam Chand, ld. Addl. PP for the State with
Insp. Pawan Kumar and ASI Gulab Singh.
Sh.Manoj Chaudhary, ld. Counsel for accused.
This is regular bail application of accused Aekansh Verma.
It is submitted by ld. counsel for accused/applicant that accused
is a young boy who has recently completed B.Tech.
(Engineering) and started his career, however without any
intention or role played in the entire incidence, he being himself
a victim of circumstances, has been falsely implicated in the
present case. It is stated that as per prosecution since the
allegations against the accused is only with regard to supply of
empty capsule shells, to main accused Dr.Pabitra Pradhan. Ld.
Counsel submits that invoices annexed with bail application
clearly reflect that accused/applicant in a bona fide manner
supplied those capsule shells after having purchased the same
under legal invoices. He further submits that most of the
offences alleged against the accused are Magistrate triable and
accused is in judicial custody since 14.11.2022 and no more
required in the investigation.
Present case has been registered by the Crime Branch,
when on 08.11.2022 a credible information was received that one
Pabitra Prahan with his associates namely Shubham Manna,
Dr.Anil were indulged in selling and supplying spurious life
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saving medicines to patients suffering from cancer, across the
country. Such information was developed, on the basis of such
information when it was found that one person on 10.11.2022
was going in a Scooty to supply such spurious medicines, a team
of Crime Branch was constituted, the said person was
apprehended whose name was later was established to be Pankaj
Singh Bohra, from whom 19 cartons of (i) Tagrisso Tablets, (ii)
Plastic packing bag containing boxes of medicines, and (iii)
Plastic packing bag containing boxes of the medicine were
recovered. From the search of bag of Pankaj Singh Bohra, (i)
190 tablets of Tagrisso 80 mg worth Rs.38 lakhs, (ii) 600 tablets
of Ventoxen 100 mg worth Rs.4 lakhs, and (iii) 1500 tablets of
Oscient 80 mg worth Rs.4.4 lakhs were recovered.
On the interrogation from Pankaj Singh Bohra, he revealed
that recovered medicines were spurious and were illegally
manufactured and sold by AstraZeneca Company. He also
disclosed about the godown of the medicine at Tronica City,
Ghaziabad. His associate Ankit Sharma @ Baljeet was also
arrested. Thereafter in the investigation main accused Dr.Pabitra
Narayan Pradhan, Subham Manna, Ankit Sharma were arrested
and search was conducted at their residence and different
spurious medicines as per the details given below were
recovered:-
(1)1550 Tab Tagrisso 80 mg of AstraZeneca worth Rs.30
lakhs.
(2)4500 Tab Tagrix 80 mg of BEACON Pharmaceuticals
worth Rs.1.8 lakhs.
(3)450 Tab Osicent 80 mg of Incepta Pharmaceuticals
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worth Rs.1.8 lakhs.
(4)1200 Tab Olanib 150 mg of Everest Pharmaceuticals
worth Rs.3.5 lakhs.
(5)105 Cap Palboxen 125 mg of Everest Pharmaceuticals
worth Rs.305 lakhs.
(6)600 Tab Osimert 80 mg of Everest Pharmaceuticals
worth Rs.38 lakhs.
(7)1050 Cap Palbocent 125 mg of Incepta Pharmaceuticals
worth Rs.7.5 lakhs.
On verification from regulatory affairs of main company
AstraZeneca, it revealed that those medicines in the name of that
company were found to be counterfeit and also mentioned to be
posing safety risk to the patients. With regard to accused/
applicant Aekansh Verma it is mentioned in the reply that he was
arrested on 13.11.2022 and admitted that he procured one lakh
Incepta company capsule shells from one company based in
Indore and thereafter co-accused Ram Kumar @ Harbir collected
the delivery of those capsule shells from him. Accused/ applicant
further disclosed in the investigation that he has been in
association with Dr.Pabitra for last one year and used to procure
Tagrisso 80 mg tablets, Tagrix 80, Osiment 80 mg etc. medicines
which are generally used for treatment of cancer patients, from
co-accused Dr.Pabitra. It also came that the accused/ applicant
through his India Mart Portal was procuring the patients for
treatment with Dr.Pabitra Pradhan.
Ld. Addl. PP for the State has opposed the application
submitting that not only the offences u/s 274, 275, 276 IPC but
accused is also involved for offence of conspiracy along with his
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main accused in commission of offence u/s 420, 468, 471 IPC.
Moreover he submits that the capsule shells which accused/
applicant was selling, was of Incepta Company of Bangladesh
and such capsule shells were prohibited to be sold and supplied
in India.
Having considered the submissions, at the outset it be
noted that the menace of spurious medicines cannot be
considered to be in any sense to be less graver than the
commission of murder or even to the extent of terrorism. Such
menace of supplying spurious medicines is increasing day by day
only for gaining money and playing with the health of patients
with graver medical difficulty like cancer etc. Therefore such
menace cannot be taken lightly rather required to be handled with
firm hands. While examining the merits of the case, no doubt the
accused/applicant is a young boy but allegation to the effect that
he was selling capsule shells of a company based in Bangladesh
which is otherwise prohibited under the law to be supplied in
India, in itself is indicative of his intention and knowledge of
being a part of larger conspiracy to sell and supply spurious
medicines to patients of cancer disease. Moreover knowledge of
the accused can also be reflective that from the India Mart Portal
he has been asking the patients to take treatment from main
accused Dr.Pabitra Pradhan who was kingpin in manufacturing
and supplying spurious medicines. It has also been submitted by
ASI Gulab Singh that statement of one witness, patient of cancer
who had been victim of having purchased spurious medicine has
been recorded. Similarly there are other 15 witnesses whose
statements are yet to be recorded.
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Taking note of the above said fact no case is made out for
grant of bail. Application stands dismissed with direction to
investigating agency to investigate the matter with utmost
devotion and sincerity.
( Shailender Malik )
ASJ/NDD/PHC/ND/08.12.2022
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