Criminal wastage of precious medicine: Allahabad High Court rejects pre-arrest bail plea of nurse who allegedly wasted COVID-19 vaccines

The Allahabad High Court on Friday rejected the anticipatory bail plea of nurse Niha Khan, who allegedly wasted doses of COVID-19 vaccines while serving at a Primary Health Centre in Aligarh, Uttar Pradesh (Niha Khan v. State of UP)..The order passed by Rahul Chaturvedi states,"...The Court also records its strongest exception to the fact that there is criminal wastage of precious medicine.".It was alleged that Khan and another accused threw 29 doses of the COVID-19 vaccine in the garbage, resulting in 29 persons not getting vaccinated.In its order, the Court recorded deep concern for those 29 persons who still remain unvaccinated and are roaming around freely as potential carriers of the Coronavirus under the misconception that they have been vaccinated..While praising scientists and health workers leading the fight against the pandemic, the Court said that there cannot be any seepage or perforation in this mission."Taking into account the gravity of the offence, the alleged prima facie involvement of the applicant, the Court is afraid to exercise its power in favour of the applicant under Section 438 Cr.P.C. and accordingly the instant application seeking anticipatory bail stands rejected." the Court said .Khan had moved the anticipatory bail plea after an FIR was registered against her under Section 203, Section 176, Section 465, Section 427 and Section 120B of the Indian Penal Code, Sections 3/4 of the Prevention of Damage to Public Property Act, 1984 and Sections 3/4 of the Epidemic Diseases Act, 1897..Counsel for Khan submitted that she has been made a target just to besmirch her reputation and belittle her public estimate..On the other hand, the Additional Advocate General (AAG) Manish Goyal opposed the pre-arrest bail application and submitted that the offence committed by Khan is not an offence but a "sin against the society.".However, the Court rejected the anticipatory bail plea and directed the Investigating Officer to conclude the investigation "as early as possible but not beyond 90 days.".The Court also cautioned the Investigating Officer "not to sway away with any of the observation made above while making in depth and transparent probe into the case." .Advocates Sanjay Pathak and Arvind Kumar Tewari appeared for Khan..[Read order]